A MAN tried to break into a town flat by reaching through the cat flap, the Royal Court was told on Tuesday.
On the first day of the Assize trial of 40-year-old Luke James Oeillet, the tenant, who was in the property at the time, described seeing a hand reaching in. The defendant denies a charge of attempted illegal entry with intent to commit a crime.
Another man, Craig Clayton Livesey (26), has previously pleaded guilty to the same charge.
Outlining the offence to the jury, Crown Advocate Luke Sette, prosecuting, said that in the early hours of 23 September last year, the two men were captured on CCTV in the communal area of a block of flats in Midvale Road.
Describing the alleged offence, the advocate added: “Fingers came through the cat flap. Those fingers, the prosecution contend, are Mr Oeillet’s.
“The only explanation is that they were trying to gain access to the flat.”
The police arrested Mr Oeillet at around 4am that day. He told them in interview that he had been drinking since midday, jurors were told.
When asked why he was at the flats, he said: “I don’t recall anything, mate.”
Crown Advocate Sette said: “Mr Oeillet’s convenient lack of recollection is because he did not have any legitimate reason to be at the flats.”
Giving evidence, the flat occupant explained that he had a sensor system at his front door which sends an alert to his mobile phone if someone is present outside.
He received such an alert and saw a left hand, with the palm facing upwards, coming through the cat flap and holding the flap up.
He said: “There was absolute anger. I was livid. I charged to the door.”
The man told the court that the door, which opens outwards, hit the defendant and knocked him to the ground.
“He was lying on the floor, complaining about his head,’ the man said. “I was freaking out a little bit. I didn’t know what was going on. It was no hand waving at me. It was just holding up the cat flap.”
Advocate Greg Herold-Howes, defending, said to the flat tenant: “The extent to the entry to your property was fingers through the cat flap and you assumed it was a burglar. You didn’t consider any other explanation of the fingers appearing.”
The man said that his flat had been burgled before.
Advocate Herold-Howes continued: “You’ve assumed someone was trying to break into your property. But nothing more happened. There was no forced entry to your property.”
The man replied: “It didn’t get to that stage.”
The trial is expected to conclude today.
