Courts / Dublin / Report

'Gilly' ended up with machine gun when he thought he was collecting cannabis

Date
2024-02-28
Stage
Sentence
Primary locality
Donaghmede
County
Dublin

Summary

In the Dublin Circuit Criminal Court, Brian Lucey (44) was sentenced for illegally possessing a submachine gun at the M11 Shankill roundabout on March 7, 2020. Lucey, of Ashford, Co Wicklow, initially took a trial date but later pleaded guilty. Judge Martin Nolan accepted that Lucey, a 'gilly' expecting to collect cannabis, was 'completely taken by surprise' when an unknown individual threw the firearm into his car. The judge noted Lucey's low culpability and 'agony of the moment,' resulting in a four-year fully-suspended sentence. The court heard that Lucey was used by co-accused to move the weapon. In related proceedings, Robert Redmond and Jamie Gray pleaded guilty to possessing the firearm for an unlawful purpose and were jailed in July 2023. Redmond, who denied the charge of murdering Barry Wolverson in January 2020, was sentenced to life imprisonment in December 2022. His co-accused, Bernard Fogarty, was also sentenced to life imprisonment for the murder of Mr Wolverson. Separately, Fogarty pleaded guilty to possession of the submachine gun in 2020 and was jailed for five years by the Special Criminal Court.

Who, what, where, when and why

What: Report matter: 'Gilly' ended up with machine gun when he thought he was collecting cannabis. Charges or matters: illegally possessing the weapon at the M11 Shankill roundabout on March 7, 2020; having in their possession or under their control a firearm in such circumstances as to give rise to a reasonable inference that they did not have it in their possession or under their control for a lawful purpose at M11 Southbound, Shankill in Dublin. Procedural stage: sentence

When:

Why: The court heard Lucey rang his contact from his car to say he wasn't happy about the gun and had pulled over in order to dump the gun and get rid of it. Court evidence reported by CNI

Case subjects

Bernard Fogarty

Convicted Person

Outcome: Bernard Fogarty (34), with an address at Cromcastle Court, Kilmore, Coolock, Dublin 5, was also sentenced to life imprisonment for murdering Mr Wolverson. Separately, Fogarty was also jailed by the Special Criminal Court for five years in 2020 after pleading guilty to possession of the submachine gun on March 7, 2020.

Brian Lucey

Defendant

Charges: illegally possessing the weapon at the M11 Shankill roundabout on March 7, 2020; having in their possession or under their control a firearm in such circumstances as to give rise to a reasonable inference that they did not have it in their possession or under their control for a lawful purpose at M11 Southbound, Shankill in Dublin (Admitted)

Plea: Guilty

Outcome: Lucey was given a four-year fully-suspended sentence after Judge Nolan said he had "certain sympathy" for him and that a prison sentence would be "very harsh".

Jamie Gray

Background Person

Charges: having in their possession or under their control a firearm in such circumstances as to give rise to a reasonable inference that they did not have it in their possession or under their control for a lawful purpose at M11 Southbound, Shankill in Dublin (Admitted)

Plea: Guilty

Outcome: Jamie Gray were jailed for their part in helping to move the submachine gun.

Robert Redmond

Background Person

Charges: having in their possession or under their control a firearm in such circumstances as to give rise to a reasonable inference that they did not have it in their possession or under their control for a lawful purpose at M11 Southbound, Shankill in Dublin (Admitted)

Plea: Guilty

Outcome: Robert Redmond and gambling addict Jamie Gray were jailed for their part in helping to move the submachine gun. In December 2022, career criminal Redmond was sentenced to the mandatory term of life imprisonment for murdering father-of-eight Barry Wolverson (40) at Madigan's Yard, Kileek Lane, Swords, Co Dublin, at around midday on January 17, 2020.

Places mentioned

Secondary Mention
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Special Criminal Court
Address Area
  • Kileek Lane
Facility
  • Lucey's house

Topics

Drugs Stage Sentence Violent Crime

Related court reports

Read the original CNI report

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