against the community service sentence an ex-Policeman received for breaking the law.

Former Cycle Squad constable Marcus Betschart was ordered in May to do 200 hours of community service after he admitted stealing a motorcycle and then posing as its owner to sell it.

But yesterday Crown counsel Mr. Diarmuid Doorly told Mr. Ward the sentence was manifestly inadequate.

He stressed that the case was "a serious breach of trust''.

However the Chief Justice disagreed saying the sentence was `manifestly adequate'.

Betschart, 23, had been investigating the theft of a brand new Suzuki from Front Street in September last year when he got a call saying the bike had been found near Happy Valley Road.

Betschart drove to the area and found the bike fully intact. He put it in his vehicle and drove it to Prospect Police Headquarters.

Betschart filled out an impounded-vehicle index card, but he lied on it saying he had recovered the bike in stripped condition, Mr. Doorly said.

And instead of following normal procedure, Betschart lifted the bike out of the truck and took it to his private residence.

Mr. Doorly said Betschart "stripped down'' the bike, taking off its engine, seat, muffler and other major parts. He then notified Colonial Insurance.

After examining the stripped bike, an agent deemed it "financially undesirable for salvaging by Colonial'' and let Betschart keep it as that was the practice.

The company bought a new Suzuki for the cycle's owner Ms Edwina Johnson, however she had to incur the expense of relicensing and insuring it.

Meanwhile, Betschart took the bike back to his house and began reassembling it.

He discarded the licence plate and drove it to TCD last October where he relicensed it in his name.

In January, Betschart advertised the bike was for sale at $1,995. He eventually sold it for $1,750.

In March Police confronted him and informed him of their suspicions.

Betschart readily admitted the offences. He said he needed the money to help pay his mother's medical bills.

Betschart soon after made full restitution to his victims; $2,195 to Colonial, $562 to Ms Johnson and $1,750 to the buyer of the bike which was seized by Police.

But Mr. Doorly said: "This is not the case of a young man stealing a bike, but a Police, a professional man stealing.

"The importance of the case is that the bike was stolen by a Policeman during the course of his duty''.

He also cited several cases in which professionals breached their position of trust and received a prison sentence.

An example, he said, was the case of Leon Fubler who in November, 1991, admitted breaking into the Police club and stealing $250. He was sentenced to three months in prison.

However, Mr. Ward pointed out that breaking and entering was an additional charge.

And Betschart's lawyer Mr. Mark Pettingill noted that Fubler received an alternate sentence of community service even after he said he broke into the club to test Police security which Mr. Pettingill said "was hardly a mitigating factor''.

Mr. Pettingill said in Betschart's case there were a number of mitigating factors which Magistrate the Wor. John Judge took into consideration.

This, he said, included Betschart's previous good character, his distinguished career for "one so young'', the "extenuating'' circumstances for why he committed the offence, the "small'' amount of money involved, his assistance to Police, his guilty plea and immediate compensation to all involved.

He also noted that in a Probation Services report Betschart's supervisor was impressed with his work and attitude.

And Mr. Pettingill asked Mr. Ward to consider the impact of the lower court sentence and publicity on Betschart.

"He lost it all,'' Mr. Pettingill said, adding that the case brought "immense embarrassment to his family and the Police Force.

"Mr. Betschart was made an example of,'' he said. "Through this case it was shown that they (Police) will be dealt with more severely than the individual who steals a bike.'' Mr. Pettingill also noted that Betschart had served his sentence and was planning to go back to university.

Noting that there was no other case in which someone was sentenced to prison for stealing a bike, Mr. Ward said: "The law must be seen to be administered even handedly.'' The sentence handed down in the lower court was "manifestly adequate'', he said.