Courts / Limerick / Report
"Step too far" to infer intent to endanger life, defence tells firearms trial
Summary
In a Special Criminal Court hearing on 26 June 2019, defence counsel Mark Nicholas SC argued that it was a "step too far" to infer that Limerick men John O'Donoghue (29) and Paul Whelan (25) intended to endanger life by possessing a 9mm Colt semi‑automatic pistol. He contended that the prosecution had only presented a set of circumstances and no evidence of intent, noting that possession of a firearm does not automatically imply intent under Section 15a of the Firearms Act. Nicholas highlighted the lack of surveillance recordings and the possibility of alternative unlawful uses of the gun, such as shooting at an empty house. He urged the three‑judge panel to be cautious, as the case did not "hang together quite like a West End production." The court remanded both men in custody until a judgment is delivered on 5 July. John O'Donoghue pleaded not guilty. Paul Whelan pleaded not guilty.
Who, what, where, when and why
What: Report matter: "Step too far" to infer intent to endanger life, defence tells firearms trial. Charges or matters: possession of a 9mm Colt, semi-automatic pistol with intent to endanger life at Park Road, Limerick on July 30, 2018. Procedural stage: trial
When:
- July 30, 2018 Incident
- July 5 Adjournment
- July 30 Incident
- 2019-06-26 Publication
Why: The prosecution case had not been made out if there were other "potential unlawful possibilities" such as having a gun in their possession in order to shoot at an empty house, he said. Prosecution account reported by CNI
Case subjects
Defendant
Charges: possession of a 9mm Colt, semi-automatic pistol with intent to endanger life at Park Road, Limerick on July 30, 2018 (Alleged Or Contested)
Plea: Not guilty
Outcome: Ms Justice Tara Burns, presiding, sitting with Judge Patricia Ryan and Judge Flann Brennan, remanded both men in custody until July 5, when the court will deliver judgment on the case.
Defendant
Charges: possession of a 9mm Colt, semi-automatic pistol with intent to endanger life at Park Road, Limerick on July 30, 2018 (Alleged Or Contested)
Plea: Not guilty
Outcome: Ms Justice Tara Burns, presiding, sitting with Judge Patricia Ryan and Judge Flann Brennan, remanded both men in custody until July 5, when the court will deliver judgment on the case.
Places mentioned
- Special Criminal Court
- Cliona Park
- Limerick
- Dalgaish Park
- Park Road
Topics
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