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Man guilty of break-in and theft at Marystown area construction yard

Two Newfoundland men pleaded guilty to offences under the Migratory Birds Convention Act and were sentenced at provincial court in Grand Bank last month.
Grand Bank provincial court. - SaltWire File Photo

Sentencing submissions for Dillon Albert Drake to be heard next month


Dillon Albert Drake was found guilty of break, enter and theft in Grand Bank provincial court on June 5.

Drake’s case was heard over two days last month, May 6-7, by Judge Harold Porter.

In his written decision, Porter concluded Drake was one of two people captured on security video in a bungalow at a construction yard in the Marystown area. 

The bungalow had been broken into and the gate at the construction yard had been cut. Spools of wire were missing from the site and a camera was taken from the bungalow. 

During the trial, Drake denied he had been in the bungalow and challenged the recognition of him on the video recording by two police officers with the Burin Peninsula RCMP. 

Both officers were familiar with Drake from previous dealings with him, however, and Porter was satisfied with the RCMP’s process to identify Drake as one of the men in the video beyond a reasonable doubt.

Porter also questioned Drake’s credibility as a witness in his written decision, particularly the testimony he gave relating to his whereabouts when the crime was committed. 

During the trial, the court heard that the time stamp on the video in question was July 12, 2018, two days after the complainant had discovered and reported the break-in, and that there was no direct or “forensic types” of evidence connecting Drake to the break, enter and theft. 

Neither pointed to Drake’s innocence, Porter reasoned, in light of the video. 

“The only logical inference from the recording of the accused at the scene, when the camera was checked soon after the burglary, was that the accused and the other unidentified man had committed the offences of break, entry and theft, as well as the theft of the camera,” Porter wrote. 

Drake was on probation for pleading guilty to a 2015 break and enter at a home in Marystown at the time of the construction site break, enter and theft. As a result, Porter also found him guilty of breaching that probation. 

In his written decision, Porter noted the complainant has had many burglaries at the site over the years, resulting in significant financial loss. 

“It has gotten to the point where his wife doesn’t want to go to the yard anymore, even though there are living accommodations on the site,” Porter wrote. 

The complainant had installed video cameras at the business in an attempt to stop the burglaries. 

A pre-sentence report has been ordered in the case and sentencing submissions will be heard on July 10.

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