A woman has been acquitted of theft after she was accused by a former landlord of stealing furniture from his property to the value of £1,300.

During the contest, heard on Monday at Enniskillen Magistrates Court, it was claimed that a fridge, washing machine and beds had been taken from the property in Newtownbutler sometime between August 12, 2016, and June 9, 2021.

Barry O’Reilly the landlord of the property gave evidence alleging Joanne Elizabeth Ralph (32), of Camphill Park, Newtownbutler stole the items from the house.

In his evidence, Mr. O’Reilly told the court Ralph had taken a tenancy in his property in August 2016 and that it was furnished with beds, a cooker, fridge, washing machine and a three-piece suite in the living room.

He said in June 2021 Ralph informed him that she was ending the lease in a week.

Mr. O’Reilly said he visited the property within seven days and while the house was clean and tidy he said there were no beds, washing machine or fridge in the house.

The landlord told the court he had visited the house at various stages and had no cause for concern about the property and all items were there during previous inspections. He added he had no cause to remove items from the house which were valued at approximately £1,300.

When he found the items missing, Mr. O’Reilly said he sent at least two messages to Ralph however, there was no reply and he then went to the police.

During cross-examination by Ralph’s barrister, Aoife Jennings, Mr. O’Reilly admitted there could have been redecorating done in the house but not with his authority.

He was shown two photos taken by Ralph one dated August 2016 which showed the fridge and washing machine in question while another from September 2017 showed a larger fridge and different washing machine.

Miss Jennings put it to Mr. O’Reilly that he was asked to remove the items so she could put in her own but he said it did not “ring any bells with me”.

When Miss Jennings asked about a conversation that took place between Mr. O’Reilly and Ralph’s mother, Bridget Fitzpatrick about taking the beds to the skip this was also denied to have taken place by Mr. O’Reilly.

The defendant was the next to give evidence and she told the court she had furniture from the house she was moving out of and was bringing them with her to the new house. She said Mr. O’Reilly removed the other items.

Ralph said one bed had been completely broken, while another one was “done” with the third having broken down over time and she bought two new ones.

The prosecution barrister put it to Ralph that she was telling lies: “I’m not,” she replied.

When they said Ralph removed the items without Mr. O’Reilly’s permission, Ralph said: “That’s your opinion.”

The prosecution pointed out that Ralph made a no comment interview to police about the theft but she said she was advised to do so by her solicitor. When asked why Mr. O’Reilly would make it up, Ralph replied: “I have no idea.”

Mr. O’Reilly took to the stand once more to clear up some issues in which he denied he ever removed the fridge or washing machine from the kitchen. He said he would never take out operational items and he could not recall having a conversation with Ralph about her bringing her own items.

Ms Fitzpatrick also gave evidence and told the court a conversation took place where Mr. O’Reilly and his wife were present when he said he would take the items.

She said he was told they were not needed and sometime between viewing the house and moving in, they were gone.

It was to her, she said, that Mr. O’Reilly said to throw the beds in the skip.

Ms. Fitzpatrick, the prosecution put to her, was telling lies to which she replied: “That’s not true Your Honour. That’s not true.”

In their submissions, the prosecution said credibility was an issue in the case and Mr. O’Reilly did not remove the items in question.

Miss Jennings argued the case was not proven beyond a reasonable doubt.

After a short deliberation, District Judge Steven Keown said the offence was approaching six years and the passage of time could have affected memories but it showed the importance of landlords taking inventories.

He said there was a high threshold to convict and this had not been met in this case, so he acquitted Ralph of the theft charge.