Dowling fined for stealing bike
convicted of trying to steal a motorcycle.
During the day-long trial in Magistrates' Court, thirty-two-year-old Kyle Dowling, of St. John's Road, Pembroke, was accused of attempting to steal a Yamaha V80.
Dowling's family operates Dowling Cycle Livery in St. George's.
The attempted theft took place at 9 p.m. on March 12 at the Front Street car park, opposite Flannagan's Restaurant.
Flanagan's manager and owner of the cycle David Cromwell testified that he was on the patio of the restaurant on the evening of March 12 when he noticed two men putting a bike in the back of a blue truck at the car park across the street.
Mr. Cromwell said when he realised the bike was his, he and another Flannagan's employee ran down to the car park and confronted the two men.
He said he asked them what they were doing and Dowling replied: "Picking up a bike'', to which the second man agreed.
Mr. Cromwell said he told Dowling the bike was his and instructed him to take the bike off the truck. He also asked Dowling who told him to pick up the bike and where was the paper work.
After asking for a name or a number of the person who asked him to pick it up Dowling responded by stating his name was Kyle Dowling and telling Cromwell who he worked for.
Dowling told Mr. Cromwell if he had any problems he could call Dowling Cycles.
He then took the bike off of the truck and he and the other man proceeded to get in the truck and drive away.
Mr. Cromwell said he flagged down Police on mobile patrol and told them what had just happened.
The officers stopped Dowling and placed him under arrest. They also asked Mr.
Cromwell to make a statement at the Hamilton Police Station.
P.c. Peter Brentano testified that after speaking with both Mr. Cromwell and Dowling, he placed Dowling under arrest for suspicion of stealing a motorcycle.
Dowling told Police he was at the car park to pick up a bike for repairs, P.c.
Brentano recalled. Dowling claimed he took the bike out of the truck once he realised he had the wrong bike and apologised to Mr. Cromwell.
P.c. Brentano said Dowling denied he and the second man, Steven Perinchief, intended on stealing the bike.
When asked by Police who told him to pick it up, Dowling said: "Patrick an employee of Dowling's.'' But he said he could not recall Patrick's last name.
However when Patrick Baker, the Dowling Cycle's employee, yesterday testified that he and Dowling had been friends for more than five years and that Dowling knew his last name.
Mr. Baker also said he did not recall anyone requesting that a bike be collected from Front Street on March 12 and he did not remember calling Dowling and telling him to pick up a bike from Front Street.
He also said he had never sent a driver out to get a bike without giving the make of the model and licence plate number.
But Dowling, who was represented by Peter Farge, insisted that he was told to pick up an orange Yamaha that would be parked directly across from the Bank of Butterfield on Front Street.
Dowling said after Mr. Cromwell told him he had the wrong bike, he apologised, took the bike off the truck, and gave him his name and number in case there was any damage.
However, under cross examination by Crown counsel Larry Mussenden, Dowling admitted he lied to Police about not knowing Patrick Baker's last name.
He also refused to give a straight answer to the question, "Is the Yamaha V80 a popular bike?''.
He said: "I don't know, it's not popular to me.'' Magistrate Edward King told Dowling that after 15 years in the bike business he should know whether or not it was a popular bike.
Dowling also claimed that he received the call from "Patrick'' to pick up the bike three hours before he tried to collect it. That, he agreed, placed the call at 6 to 7 p.m.
However, Mr. Mussenden reminded Dowling that Mr. Baker only worked until 5 p.m. every day.
"I suggest to you that you're lying,'' Mr. Mussenden said. "You never received any call. You were caught red-handed by the owner, trying to steal the bike.'' Mr. King took a short break before coming up with the guilty verdict.
He said he felt the Crown had proven its case and that Dowling was not telling the truth.
But noting that Dowling had never been in trouble before, Mr. King fined Dowling $1,000 fine for the offence.