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Firearms court reports

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2017-03-30 · Dublin

Man caught with firearm after going into "emotional tailspin" at death of "close friend" David Byrne

In March 2017, Richard O'Reilly, aged 32, was sentenced to six years' imprisonment after Gardaí seized a Glock semi‑automatic pistol and ammunition from his vehicle during a surveillance operation. O'Reilly, who had been grieving the death of his close friend David Byrne, pleaded guilty to possession of the weapon in suspicious circumstances. He claimed the loss of Byrne was the sole trigger for his possession of the gun, stating he had no financial motive and that the offence was not gang‑related. The judge noted O'Reilly's lack of prior convictions, good work record and cooperation with Gardaí as mitigating factors, but inferred from the evidence that he intended to use the weapon if the opportunity arose. The sentence was back‑dated to the date of his arrest. O'Reilly had previously been convicted of possession of stolen property and had been in custody since his arrest. The case was heard in the Dublin Circuit Criminal Court.

2017-03-30 · Dublin

Alleged dissident intelligence documents seized from IRA accused's bedroom, trial hears

During a Special Criminal Court hearing, Detective Garda Colm Finnerty reported that a list of items seized from the bedroom of David Murray, a 56‑year‑old man accused of IRA membership, included shotgun cartridges, chemicals for explosives, six small alarm clocks, six large rocket‑type fireworks, six circuit boards, six tubes of solder, six flash bulbs, two steel 45‑gallon drums and face masks. The detective noted that the list was almost identical to one found in the van of Stephen Hendrick, who was sentenced to eleven years for firearms, ammunition and explosives. In addition to the list, documents seized included a transcript of a 2014 Special Criminal Court bail hearing for an IRA‑membership case, a handwritten note about a cigarette delivery van in Red Cow that might be an intelligence document, a photocopy of a Garda letterhead with Chief Superintendent Patrick Leahy's signature, a handwritten note on security companies, and a document noting minutes of a meeting.

2017-03-27 · Ireland

Lifer injured in 1997 shoot-out with British police seeks release

Michael Boyle, a 68‑year‑old inmate at Dublin's Wheatfield Prison, has filed a High Court action seeking his release. Boyle was convicted in 1997 in London of attempted murder and possession of a firearm with intent to endanger life, receiving three life sentences. The offence involved an attempt on the life of Mr Tony Brindle, who survived after Boyle fired several shots. Boyle was shot by police during the incident, sustaining injuries that now keep him largely bedridden. He was repatriated to Ireland to serve his sentence and, in December 2015, the Parole Board recommended a release plan within nine months. Boyle argues that, despite this recommendation, he remains in prison without justification, claiming a breach of his constitutional rights and the European Convention on Human Rights. He seeks an order directing the Minister for Justice to release him and a declaration that his continued detention is unlawful.

2017-03-21 · Dublin

Man jailed for pointing shotgun at gardai has sentence increased

Warren Nolan, 21, of Rowlagh Park, Clondalkin, was sentenced to five years imprisonment for pointing an unloaded shotgun at a garda from two feet away on 8 June 2015. He also pleaded guilty to drug possession and dangerous driving offences on 4 June 2015. The original sentence, imposed on 25 July 2016, carried an 18‑month suspension. Prosecutors appealed, arguing the sentence was unduly lenient. The three‑judge court, led by Mr Justice John Edwards, reviewed the case and re‑sentenced Nolan to five years, citing the seriousness of pointing a firearm at two gardaí and the lack of mitigating factors. The new sentence remains the same length as the original, with no change to the suspended portion. The court noted Nolan's age and guilty plea but found no exceptional circumstances to reduce the minimum.

2017-03-20 · Meath

Trial collapses after court hears of conversation accused taped with gardai

The Special Criminal Court's trial of 33‑year‑old Lithuanian Eimantas Valteris collapsed after a taped conversation between Valteris and two Gardaí was played. In the recording, the Gardaí, including Detective Sergeant Padraig Boyce, warned Valteris that if he did not accept responsibility for three firearms and four silencers, his wife would be arrested and their child would go into care. They also threatened to arrest his partner if he refused to cooperate. The Director of Public Prosecutions entered a nolle prosequi before the tape was fully played, and the court discharged Valteris. The case had originally involved Valteris's alleged unlawful possession of a .32‑inch semi‑automatic pistol, with evidence of the weapon being found in a VW Passat that had been stopped by Gardaí in Castlebellingham. The trial was the first at the Special Criminal Court involving a Lithuanian defendant. Eimantas Valteris pleaded not guilty.

2017-03-16 · Dublin

Bail refused for man arrested in relation to firearms haul

James Walsh, 33, of Neilstown Drive, Clondalkin, was arrested on 24 January for unlawful possession of five revolvers, 20 rounds of ammunition and a silencer at a unit in Greenogue Business Park, Rathcoole. He faces three charges under the Firearms Act. The State objected to bail, and Detective Sergeant Michael Cuffe argued that Walsh would be a flight risk and might not attend trial. Detective Chief Superintendent James McGowan also testified that bail should be refused to prevent a serious offence. Justice Tony Hunt rejected the bail application.

2017-03-15 · Dublin

Shop assistant thought armed robber was "messing"

Dillon Campbell, 31, of Trim Road, Coolock, Dublin, pleaded guilty at Dublin Circuit Criminal Court to the robbery of cash from Dylan Stagno at the Esso service station on Malahide Road, Artane, on September 12, 2016. Prosecution evidence stated that Campbell entered the shop, initially appearing to joke with the victim before pulling out a black imitation firearm. He then became aggressive, demanding money and coins, and fled with approximately €230 in cash. The weapon was later identified as a 6mm air pistol. Campbell had previous convictions, including for possession of drugs for sale or supply, and was on bail for criminal damage and trespass at the time of the offence. Defence counsel attributed the crime to a chronic drug addiction and a significant debt. Judge Melanie Greally described the incident as serious due to the aggression and the realistic appearance of the firearm. While noting Campbell's efforts to address his drug and alcohol abuse and his supportive family, the Judge highlighted a high risk of re-offending if these issues were not resolved. She sentenced Campbell to five years in prison but suspended the final two and a half years on the condition that he complies with Probation Services after his release.

2017-03-15 · Meath

Public to be excluded from non-jury court during garda evidence

The Special Criminal Court ordered that the public be excluded from the hearing of evidence given by members of the Garda National Surveillance Unit in the trial of Lithuanian man Eimantas Valteris, aged 33, who was arrested in 2013 as part of an operation to counter dissident republican activity in the border area. Valteris, the first Lithuanian charged before the Special Criminal Court, pleaded not guilty to unlawful possession of a .32‑inch semi‑automatic pistol (IZH 79‑8 model Baikal, serial TPB358706) found at his car sales depot in Balmoral Industrial Estate, Navan, Co. Meath. The court heard that Valteris operated the depot and that on 10 June 2013 he was observed moving a red Fiat Ducato van and a black VW Passat, the latter of which was stopped by Gardaí in Castlebellingham, Co. Louth, where the pistol was recovered in the boot. A later search of Valteris's yard yielded €2,000 in another car.

2017-03-14 · Meath

First Lithuanian to be charged with terrorism-related offences in Ireland goes on trial

The Special Criminal Court in Dublin opened a trial on 14 March 2017 for Eimantas Valteris, a 33‑year‑old Lithuanian, who is the first Lithuanian charged with terrorism‑related offences in Ireland. Valteris was arrested by the Gardaí in 2013 during an operation targeting dissident republican activity in the border area. He pleaded not guilty to unlawful possession of a .32 inch (7.65 mm) calibre IZH 79‑8 semi‑automatic pistol, serial number TPB358706, found at his car‑sales depot in Balmoral Industrial Estate, Navan, County Meath, on 10 June 2013. The prosecution, presented by Tony Mc Gillicuddy, claimed Valteris operated the depot and stored the firearm on his premises, acting in a storage and transfer role.

2017-03-10 · Meath

Convicted burglar jailed for handling safe stolen from "Voice of Ireland" star

Michael Fagan (25) of Sperrin Road, Drimnagh, Dublin, was sentenced at Dublin Circuit Criminal Court to two years' imprisonment for handling stolen property. Judge Elma Sheahan reduced a recommended three-year term to two years following mitigation. Fagan pleaded guilty to possessing a safe stolen from the Co. Meath home of Mark Guildea on May 5, 2014. Detective Garda Brian McCarthy testified that Fagan dropped the safe from a third-floor balcony at Rathmines flats complex on the night of the burglary, scattering items including shotgun cartridges. Fagan, who has 51 previous convictions, was not charged with the burglary itself. Separately, Dean Fagan (28) of Kildare Park, Crumlin, Dublin, and Daryl Smith (25) of Shancastle Lawns, Clondalkin, Dublin, were jailed at Trim Circuit Criminal Court after pleading guilty to carrying out the aggravated burglary at Irishtown, Ashbourne, on the same date. The court noted that the original burglary involved the victim's wife and child being tied up. Michael Fagan's defence counsel highlighted his desire to live a sober life, while the judge acknowledged his mitigation.

2017-03-09 · Dublin

Gardai captured footage of shooting with live CCTV, court hears

In a 2017 court hearing, Gardaí captured live CCTV footage of a shooting at a house on Oranmore Road, Ballyfermot. The footage showed Terence Murphy, aged 35, standing near the house while his co‑accused, Daniel Ennis, 22, fired two shots. Murphy was arrested minutes later and pleaded guilty to possession of a firearm in suspicious circumstances. He has 20 prior convictions. Ennis received a four‑year sentence for his role. The judge adjourned sentencing to May 22 to allow a probation report. Inspector David Harrington explained that an earlier altercation involving two men and two women had occurred before the shots were fired, and that the women had contacted Gardaí. Murphy was not present during the initial threats. He had been released on bail 13 months earlier and was on a methadone maintenance program.

2017-03-09 · Meath

Non-jury court finds men guilty of "brutal" murder of dissident republican

Two Dublin men, Edward McGrath (35) and Sharif Kelly (47), were found guilty by the Special Criminal Court of the callous, brutal and pre‑meditated murder of dissident republican Peter Butterly (35) on 6 March 2013 outside The Huntsman Inn, Gormanston. The court described the killing as an ambush carried out in the carpark, with Butterly shot by a handgun held by Dean Evans (24), who was absent from the trial. McGrath was also convicted of firearms offences from the same incident. The trial, lasting 31 days, relied on forensic evidence from a stolen Toyota Corolla, a green Opel Zafira, and a bag seized from the Corolla, which contained a black semiautomatic pistol. DNA and residue tests linked the men to the shooting. The court remanded McGrath and Kelly in custody pending sentencing. The case did not involve any subsequent verdicts or appeals.

2017-03-03 · Dublin

High Court refuses bail for man charged in connection with warehouse weapons seizure

Jonathan Harding, 44, was denied bail by the High Court after being charged with possession of five revolvers, ammunition and a silencer seized from a warehouse in west Dublin. He appeared before Mr Justice Patrick McCarthy, who rejected the bail application on the grounds that it was necessary to prevent a serious offence. The prosecution, represented by Kathleen Leader BL, objected to bail, while the defence, Michael Hourican BL, noted Harding's occupation and family ties. Harding was arrested on 24 January and faces charges for the firearms and silencer found at the Greenogue Business Park.

2017-03-03 · Meath

Safe from "Voice of Ireland" star's home dropped from third-floor balcony, court hears

Michael Fagan (25) of Sperrin Rd, Drimnagh, Dublin, was sentenced at Dublin Circuit Criminal Court after pleading guilty to possession of stolen property. The offence involved a safe stolen from the Co. Meath home of Mark Guildea on May 5, 2014, which Fagan dropped from a third-floor balcony at Rathmines flats complex on the same night. Detective Garda Brian McCarthy testified that items, including shotgun cartridges, scattered after the drop. Fagan, who has 51 previous convictions, was jailed for the handling offence. Separately, at Trim Circuit Criminal Court, Dean Fagan (28) of Kildare Park, Crumlin, Dublin, and Daryl Smith (25) of Shancastle Lawns, Clondalkin, Dublin, were jailed after pleading guilty to carrying out the aggravated burglary at Irishtown, Ashbourne, on May 5, 2014. The court heard that the victims, including Guildea's wife and child, were tied up during the incident. Michael Fagan was not charged with the burglary itself. Judge Elma Sheehan presided over the sentencing in Dublin, while the Trim court handed down the sentences for Dean Fagan and Smith. All three individuals received custodial sentences for their respective convictions.

2017-03-03 · Dublin

Grandfather jailed for six years for having shotgun in back garden

Donal O'Hara, 51, of Glin Park, Coolock, was sentenced to six years' imprisonment after pleading guilty to cultivating cannabis and possessing a sawn‑off shotgun. In February 2015 Gardaí discovered 72 cannabis plants in his master bedroom; O'Hara claimed they were for personal use. In June 2016 a search revealed a 12‑gauge single‑barrel shotgun and cartridges in a bag in a trailer at the rear of his house. O'Hara said he had the firearm for self‑defence after shots were fired at his home days earlier. Judge Patricia Ryan imposed a four‑year sentence for the drug offence, with one year suspended, and a seven‑year sentence for the firearms offence, with the final four years suspended, giving a total custodial term of six years. O'Hara had 29 prior convictions, including drugs, public order and road traffic offences. The court noted unusual circumstances, including threats to his family and a gun pointed at a son.

2017-02-28 · Dublin

Chronic addict sentenced for robbery of bookmakers

Ian Quinn, a 35‑year‑old chronic crack cocaine and heroin addict, was sentenced to five years in prison for robbing Paddy Powers Bookmakers in Castletymon, Tallaght, on 29 September 2015. He smashed the security glass with a stool, stole €980, and was caught after staff ran to the back office and triggered a panic alarm. Quinn pleaded guilty at Dublin Circuit Criminal Court and had 44 previous convictions, including robbery and possession of an imitation firearm. He is currently serving a sentence for those offences and is due for release in 2021. The judge, Melanie Greally, noted Quinn's dire health and chronic addiction, suspended the final 12 months of the sentence on strict conditions, and required him to engage with the Probation Service for two years after release. The case highlighted Quinn's repeated relapses and the impact on staff who suffered anxiety and lost work time.

2017-02-27 · Dublin

"Totally inappropriate" letter sent to judge in Liam Campbell extradition case

At a High Court hearing in Dublin on 27 February 2017, Justice Aileen Donnelly said it was "totally inappropriate" that a letter had been sent to her office on behalf of Liam Campbell, a 54‑year‑old Irishman facing terror charges in Lithuania. The letter, which she believed was written by Campbell, was not read beyond the first paragraph because it could have influenced the judge's decision on his extradition application. Campbell, who was arrested on 2 December 2016 under a European Arrest Warrant issued by Lithuanian authorities, had been granted bail and was remanded on continuing bail until 20 March. The warrant alleged that between late 2006 and early 2007 he had organised smuggling for the "terrorist grouping" the RIRA, arranging illegal possession of firearms, ammunition, explosives and substances. The High Court had endorsed the warrant in November 2016, and Campbell's counsel, Brian Gageby, said he had not seen the letter.

2017-02-24 · Dublin

Pair disguised with false beards have "very lenient" firearms sentence upheld

In 2016, Michael Finlay, 37, of Maplewood Road, Tallaght, and Dean Byrne, 25, of Drumcairn Park, Tallaght, were convicted by the Special Criminal Court of unlawful possession of a loaded 9mm semi‑automatic pistol and magazine, and of 9mm ammunition, after a surveillance operation on a Renault Kango van. The van, previously stolen, was being followed when a Garda approached with a firearm drawn. Finlay was seen holding the pistol and complied with the Garda's request to drop it. Both men wore false beards and sunglasses; Finlay wore an An Post jacket. They pleaded not guilty, no contest, and the court entered not‑guilty pleas on their behalf. They were sentenced to five years' imprisonment. The Court of Appeal upheld the sentence, noting that the men's cooperation, lack of use of the firearm, and good character justified a reduction from the original eight‑year headline. The appeal by the Director of Public Prosecutions was dismissed.

2017-02-22 · Dublin

"Strong support" for view that absent murder accused was gunman, trial hears

In a Special Criminal Court hearing, forensic evidence was presented that strongly supports the view that Dean Evans, a 24‑year‑old Dublin man, was the gunman who shot Peter Butterly, a 35‑year‑old dissident republican, outside The Huntsman Inn in Gormanston on 6 March 2013. Dr John O'Shaughnessy, a forensic scientist, examined a grey knitted sweater seized from Evans and found firearm discharge residue on the cuffs and sleeves, indicating that Evans had fired a weapon. Residue was also found on a jacket taken from co‑accused Edward McGrath, suggesting that the jacket wearer was near the discharge. Evans has not appeared for trial and remains unlocated. The court is proceeding with the trial of co‑accused Edward McGrath (35) and Sharif Kelly (47), both of whom pleaded not guilty to the murder and, in McGrath's case, to firearms offences. The hearing was presided over by Mr Justice Tony Hunt with Judges John O'Hagan and Ann Ryan.

2017-02-20 · Dublin

Family-run shop closed after 30 years after robbery and threats, court hears

Thomas Stokes, 23, of Clondalkin, Dublin, was sentenced to six years in prison at the Dublin Circuit Criminal Court after pleading guilty to six sample charges, including robbery and possession of an imitation firearm, committed between July 15 and July 25, 2016. Judge Melanie Greally suspended the final 18 months of the sentence on strict conditions. Prosecution evidence detailed a ten-day crime spree during which Stokes allegedly robbed a total of €1,157 and a mobile phone, threatening victims with a toy gun and a steel bollard. He admitted to gardaí that he committed the offences to pay a €2,200 drug debt after his family's trailer was threatened. The final victim, a 66-year-old shop owner, closed his family-run business days later due to fear of further attacks. Stokes was identified via CCTV footage showing a distinct tattoo. Judge Greally noted the escalating seriousness of the crimes and the lingering menace felt by the victim, while accepting that the offences were motivated by Stokes's drug addiction and family pressures. She acknowledged his genuine remorse and that the actions were out of character for a man from a law-abiding family. Stokes has also been sentenced in the District Court for an earlier theft that preceded the robberies. No injuries were reported during the incidents.

2017-02-20 · Limerick

Sentence increase for man who fired sawn-off shotgun at group

In 2015, Jason Freyne, 25, was convicted in Limerick Circuit Criminal Court of possessing a firearm and ammunition. He received an eight‑year sentence, with two‑and‑a‑half years suspended, on 6 May 2016. The Court of Appeal, following a prosecutor's appeal that the sentence was too lenient, increased his term to ten years, keeping the same suspended portion. The appeal judge, Mr Justice Alan Mahon, described Freyne's conduct: he had loaded a sawn‑off shotgun, carried it in a backpack, wore a bullet‑proof vest, and rode a bicycle around Hyde Road. He then approached a group, fired the shotgun, injuring Mr Joseph McCarthy. Freyne had earlier convictions for vehicle theft, knife possession, stolen property, criminal damage and traffic offences. The court noted his progress in prison and his claim that the feud behind the offence was over. Jason Freyne pleaded guilty.

2017-02-14 · Limerick

Limerick man jailed after tip-off from former partner

John Costello, 60, of Glenashrone, Abbeyfeale, pleaded guilty to possessing 450 rounds of .38 special calibre ammunition and 329 rounds of 9mm ammunition in a flat above the Coffee Pot, Abbeyfeale, on 21 February 2016, and to possessing three rounds of 9mm ammunition at his home address on 22 February 2016. The Special Criminal Court, hearing the case on 14 February 2017, found the total amount of ammunition significant even though no firearm was present. The court noted that the ammunition was discovered after a tip‑off from Costello's former partner following a domestic dispute, and that Garda investigations suggested the possession was linked to subversive IRA activity. Mitigating factors included Costello's cooperation, early admission and plea of guilty, and the absence of prior convictions. He was sentenced to three years for the first offence and nine months for the second, the latter to run concurrently, with both sentences back‑dated to 3 November 2016.

2017-02-13 · Dublin

Criminal attacked elderly men, hijacked stroke victim's specially adapted car

Sean Keenan, aged 26, attacked Anthony Kelly, 79, after Kelly had just exited his car to go home. Keenan struck Kelly from behind, demanding the car keys, and then drove the Mercedes Benz over Kelly, nearly reversing the vehicle onto the garden wall. While Kelly was on a stick after a recent stroke, Keenan also assaulted Joseph Cooke, aged in his 70s, who had come to help. Cooke was struck several times in the head and body with what was believed to be the butt of a sawn‑off shotgun; he later received treatment for a head wound. Keenan fled, driving the wrong way down Malahide Road before abandoning the car in Ballymun after a crash. He was sentenced to five‑and‑a‑half years, with the final two years suspended, for robbery of car keys, hijacking, assault, and other offences. The hijacked vehicle, valued at about €25,000, was later written off by insurance. Sean Keenan pleaded guilty.

2017-02-08 · Meath

Former murder accused turned State's witness describes role in shooting

The Special Criminal Court heard evidence from David Cullen, a former accused who turned State's witness, regarding the alleged murder of Peter Butterly outside The Huntsman Inn, Gormanston, in 2013. Edward McGrath and Sharif Kelly, both accused of the alleged murder and firearms offences, have pleaded not guilty. A third accused, Dean Evans, failed to appear and has not been located, while the court proceeded with the trial for McGrath and Kelly. Cullen, who previously pleaded guilty to unlawful possession of a semi-automatic pistol, described being asked to pick up a gun and dispose of it at Gormanston College. He testified that he witnessed a gun thrown from a vehicle and was arrested while retrieving it. This testimony is part of a voir dire, or trial within a trial, to determine the admissibility of Cullen's evidence, to which defence counsel for Kelly objects. This is the second trial for McGrath and Kelly, following the collapse of the original proceedings in January 2015. The matter is currently at the trial stage before a non-jury court presided over by Mr Justice Tony Hunt.

2017-02-06 · Dublin

Cartridges from scene match pistol, Peter Butterly murder trial hears

In the Special Criminal Court, evidence was presented that the six discharged cartridges found at the scene of Peter Butterly's shooting matched a Beretta semi‑automatic pistol located almost a kilometre away. Butterly, aged 35, was killed outside The Huntsman Inn in Gormanston on 6 March 2013. Two Dublin men, Edward McGrath (35) and Sharif Kelly (46), are charged with his murder and have pleaded not guilty. McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and has not been located. The court heard from Detective Garda David O'Leary, who examined the scene, and from Detective Sergeant Ciaran Murphy, who provided testimony about a meeting concerning a potential plea by State witness David Cullen. The trial, presided over by Mr Justice Tony Hunt, continues after a previous trial collapsed. The accused's barristers challenge the admissibility of Cullen's evidence and the alleged deal to drop the murder charge.

2017-02-03 · Dublin

Grandad cultivating cannabis, had shotgun

In a Dublin Circuit Criminal Court hearing, Donal O'Hara, 51, pleaded guilty to cultivating cannabis and possessing a sawn‑off shotgun. Gardaí had searched his home on 11 February 2015, finding 72 cannabis plants in the master bedroom, which could have been worth €55,600 if all were mature females. On 22 June 2016, a second search uncovered a 12‑gauge single‑barrel sawn‑off shotgun and cartridges in a bag in a trailer at the rear of the house; O'Hara had helped locate the weapon. He claimed people were trying to kill him and that he would fire if someone approached, but denied intent to kill. O'Hara has 29 prior convictions, none for firearms. The judge adjourned sentencing to 3 March 2017. No further details on sentencing were provided in the article.

2017-02-03 · Dublin

Memorabilia collector "made serious error of judgement" in buying stolen shotgun

Anthony Kearney, 65, a former bric a brac shop owner and memorabilia collector, pleaded guilty to possession of a stolen Baikal double‑barrel shotgun. He bought the weapon for €440 at a Sunday market in Balbriggan, believing it to be a harmless piece for his collection. Gardaí stopped him in his van, found the broken firearm, and later searched his home, which contained no other criminal items. The court, noting Kearney's lack of prior convictions and the circumstances, deemed the offence a "serious error of judgement." Judge Patricia Ryan imposed a two‑year sentence, suspended in full, and ordered restitution of the firearm. The mandatory five‑year minimum was set aside due to the exceptional circumstances surrounding the case.

2017-01-30 · Ireland

Lawyers challenge evidence of murder accused turned State's witness

In a dissident republican murder trial, defence counsel for Edward McGrath, Sharif Kelly, and the absent Dean Evans challenged the admissibility of evidence from State witness David Cullen, who had originally been an accused. Cullen, a 35‑year‑old former suspect, agreed to testify for the prosecution in exchange for immunity from the murder charge and a lesser offence. He provided information on the car, gun, and planning of the shooting, and also on another high‑profile murder. Cullen was in Portlaoise Prison when the deal was struck, later moved to Midlands Prison, and gave a statement on 27 June 2014. He was sentenced on 2 July 2014 to seven years' imprisonment for possession of a firearm, with three and a half years suspended. Defence argued that procedural failures made Cullen's testimony unreliable, and the court will decide on its admissibility. The trial is presided over by Mr Justice Tony Hunt. Edward McGrath pleaded not guilty. Sharif Kelly pleaded not guilty.

2017-01-30 · Louth

Dundalk man jailed for having rifle and ammunition

Owen McCann, 36, of Annaloughan, Jenkinstown, Dundalk, pleaded guilty in November 2016 at the Special Criminal Court in Dublin to two counts of possession of firearms, including a .22 calibre rifle, a conversion kit for pistols and two ammunition magazines. At the brief sentence hearing on 30 January 2017, he undertook not to associate with subversive or paramilitary organisations. The court, citing his early admission, guilty plea, cooperation with Gardaí and employment prospects, sentenced him to three years' imprisonment, with one year suspended. The State entered a nolle prosequi on a charge of IRA membership.

2017-01-25 · Dublin

Peter Butterly murder trial hears evidence of pistol find

In a Special Criminal Court hearing on 25 January 2017, evidence was presented regarding the 2013 murder of Peter Butterly, a 35‑year‑old who was shot dead in the carpark of The Huntsman Inn, Gormanston. Two men, Edward McGrath (35) and Sharif Kelly (46), were on trial for his murder and had pleaded not guilty. McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and was not located. The court proceeded with the two co‑accused in Evans's absence. Detective Sergeant Daniel O'Driscoll of the Special Detective Unit testified that he had been part of a surveillance operation that day. He discovered a silver Toyota Corolla involved in the shooting, stopped it and another car on Flemington Lane, and found a white plastic bag containing a black semiautomatic pistol, which he left in situ.

2017-01-25 · Carlow

Carlow man guilty of IRA membership

James Smithers, 38, of St Patrick's Park, Tullow, Co. Carlow, was found guilty by the Special Criminal Court of IRA membership. He had denied membership of the Irish Republican Army on 31 October 2015. Smithers was arrested early that morning in Rathkeale, County Limerick, at an isolated rural location. Two other men were also arrested in a Volkswagen Golf, where Gardaí discovered a sawn‑off shotgun, a can of petrol and matches. The court heard that the three men were engaged in an IRA operation and that Smithers' role was to provide the stolen Volkswagen Golf. Justice Isobel Kennedy, after hearing evidence from Detective Chief Superintendent Peter Kirwan and the application of Sections 2, 18 and 19 of the Offences Against the State Act and the Criminal Justice Act, concluded that the evidence cumulatively indicated Smithers was involved in a criminal endeavour on the date in question. He was remanded in custody until 8 February, when he will be sentenced.

2017-01-24 · Dublin

Garda describes arresting absent murder accused

The Special Criminal Court is currently hearing the second trial of Edward McGrath and Sharif Kelly, who have pleaded not guilty to the murder of Peter Butterly and, in McGrath's case, firearms offences on the same occasion. The court is proceeding with the two accused in the absence of co-accused Dean Evans, who failed to appear and remains unlocated. Evidence presented during a voir dire, or trial within a trial, includes testimony from Garda Damien Broughall regarding the arrest of Evans and McGrath on Flemington Road following the shooting at The Huntsman Inn in Gormanston, Co Meath, on March 6, 2013. Broughall described stopping a silver Toyota Corolla, where surveillance officers had detained the occupants. He alleged that Evans was involved in the shooting and was arrested for IRA membership and firearm possession, while McGrath was dealt with by a colleague. Items found in the vehicle included a petrol can, gloves, a wig, and glasses. This evidence will assist the judges in deciding a legal issue. The original trial collapsed after 55 days in January 2015, leading to this retrial. The proceedings continue before Mr Justice Tony Hunt, sitting with Judge John O'Hagan and Judge Anne Ryan.

2017-01-24 · Limerick

Man's partner tipped off gardai about ammunition after "domestic dispute"

In a Limerick case, John Costello, 60, pleaded guilty to possessing 450 rounds of .38 special calibre ammunition and 329 rounds of 9mm ammunition at a flat above the Coffee Pot in Abbeyfeale on 21 February 2016, and three rounds of 9mm at his home on 22 February 2016. The possession was discovered after his partner, following a domestic dispute, tipped off the gardai that ammunition was stored in the flat. The gardai obtained a search warrant, found additional ammunition in Costello's apartment in Glenashrone, and called him to the station where he admitted responsibility for the ammunition but did not disclose its source. The detective and the court considered the ammunition to be linked to subversive IRA activity. Costello had no prior convictions, pleaded early, and was remanded in custody until 14 February for sentencing.

2017-01-18 · Ireland

Schoolboys witnessed gun attack, Peter Butterly murder trial hears

In a 2017 hearing, the Special Criminal Court heard the second trial of Edward McGrath (35) and Sharif Kelly (46) for the murder of Peter Butterly (35) on 6 March 2013 at The Huntsman Inn car park, Gormanstown, Co. Meath. Both pleaded not guilty to the murder and to firearm offences at the same address. The trial proceeded after the third accused, Dean Evans (24), failed to appear and was not located by the gardai. The court considered prosecution claims of privilege over information relating to a protected witness. A secondary school student, Sean Brennan, testified that he saw a man raise his arm and shoot another man while waiting for a bus opposite the Inn, and that he later called 999. The hearing continued under Mr Justice Tony Hunt with Judges John O'Hagan and Anne Ryan.

2017-01-18 · Limerick

Accused denied being IRA member, trial hears

In a Special Criminal Court hearing, James Smithers, 38, of St Patrick's Park, Tullow, pleaded not guilty to an indictment of membership in the Irish Republican Army (IRA). The prosecution alleged that Smithers supplied a stolen Volkswagen Golf for an IRA operation in County Limerick. On 30 October 2015, Detective Garda Liam O'Neill, on duty, and two colleagues travelled to County Limerick. They encountered Smithers in the black Golf at Five Cross Roads outside Rathkeale at 1:35 am. O'Neill's colleague, Detective Garda Joe Higgins, later reported finding a sawn‑off shotgun in another stolen car. Smithers had previously been seen driving the Golf to County Limerick. During questioning under Section 2 of the Offences Against the State Act, Smithers gave no comment to inquiries about IRA activities. The court also heard that the detective invoked Sections 18, 19 and 19(a) of the Criminal Justice Act, allowing inferences from Smithers' silence regarding the stolen vehicle and firearm.

2017-01-18 · Cork

Bail refused for IRA & firearms accused

Michael Gilmartin, 46, of Cobh, was denied bail by the Special Criminal Court after being charged with possession of a semi‑automatic 9mm Walter pistol, a sawn‑off shotgun and 22 rounds of ammunition, and with membership of the Irish Republican Army. The State argued that bail would risk a serious offence, and the court agreed, remanding him in custody until a further hearing on 25 January. The judge noted Gilmartin's claim of wanting to provide for his partner and child, but the court refused his application.

2017-01-17 · Carlow

Garda chief superintendent gives belief evidence at IRA trial

In a Special Criminal Court hearing, a Garda chief superintendent testified that he believed James Smithers, 38, of St Patrick's Park, Tullow, was a member of the Irish Republican Army. Smithers had pleaded not guilty to membership of an unlawful organisation on 31 October 2015. The superintendent, citing confidential information, stated his belief during cross‑examination. He also mentioned that on 30 October 2015 he travelled with other detectives to County Limerick, where a stolen Volkswagen Golf was found outside Rathkeale, containing two men, a sawn‑off shotgun and petrol. The trial is ongoing.

2017-01-17 · Meath

Gardai to give evidence anonymously with public excluded from court at non-jury trial

The Special Criminal Court has ruled that evidence from eleven Garda National Surveillance Unit members in the retrial of Edward McGrath and Sharif Kelly must be given anonymously with the public excluded. McGrath (35) and Kelly (46) have pleaded not guilty to the alleged murder of dissident republican Peter Butterly, a 35-year-old father of three, who was shot dead in Gormanston, Co Meath, in March 2013. McGrath also denied unlawful possession of a Beretta pistol and ammunition. The court is proceeding with the trial in the absence of third accused Dean Evans, who has not been located. This is the second trial for McGrath and Kelly, following the collapse of the original proceedings in January 2015. Prosecuting counsel stated that protected witness David Cullen would testify that Kelly instructed him to collect and hide the gun, and that Kelly's role was to pick up McGrath and Evans after the deed was done. Cullen was previously sentenced to seven years imprisonment, with three and a half years suspended, after pleading guilty to firearms charges in July 2014. The court accepted that surveillance of alleged paramilitaries is a dangerous aspect of policing, justifying the exclusion of the public and the use of initials for witness identities. The trial is continuing before Mr Justice Tony Hunt, sitting with Judges John O'Hagan and Anne Ryan.

2017-01-16 · Meath

Non-jury court to rule on whether gardai can give evidence anonymously and with public excluded from court

The Special Criminal Court will decide tomorrow whether eleven Garda National Surveillance Unit members can give evidence anonymously and whether the public must be excluded from the re‑trial of Edward McGrath (35) and Sharif Kelly (46) for the 2013 murder of Peter Butterly. The court has been told that the gun used was monitored by the unit and that a protected witness will testify against the two men. McGrath denies unlawful possession of a Beretta pistol and ammunition and denies intent to endanger life. A third accused, Dean Evans (24), was absent and not located, so the trial will proceed without him. The case is the second trial for McGrath and Kelly after the original collapsed in 2015. Prosecuting counsel said David Cullen, a protected witness, will testify that Kelly instructed him to collect and hide the gun, and that Cullen was sentenced to seven years' imprisonment with three and a half years suspended for firearms charges. Edward McGrath pleaded not guilty. Sharif Kelly pleaded not guilty.

2017-01-16 · Carlow

IRA accused's role was to provide stolen car, trial hears

A Carlow man, James Smithers, 36, was accused in the Special Criminal Court of providing a stolen car for an IRA operation. He pleaded not guilty to membership of an unlawful organisation, claiming the IRA. The prosecution, led by Anne‑Marie Lawlor BL, relied on Chief Superintendent Peter Kirwan's belief that Smithers was an IRA member on the relevant date. Evidence included Smithers' alleged activities that night, Garda interviews, and the discovery of a sawn‑off shotgun, petrol, and matches near the arrest site in Rathkeale. The trial continues.

2017-01-16 · Dublin

Jail for man who fractured garda's hand during pursuit

Edward Walshe, aged 23, was sentenced to three‑and‑a‑half years in prison, with the final 18 months suspended, for a series of offences committed in October 2015. He pleaded guilty to possession of a Winchester double‑barrel shotgun, dangerous driving, and assaulting Detective Sergeant Declan O'Connell. The assault occurred when Walshe, fleeing after a high‑speed pursuit, grabbed the garda's hand and twisted it, fracturing the officer's hand and requiring a bar to fuse the bone. Walshe also caused a head‑on collision that injured a passenger, and his vehicle was found to contain a sawn‑off shotgun and four unspent cartridges in a Lucozade bottle. He was ordered to pay €2,500 to the victim. The judge noted his youth, remorse, and family background in determining the sentence.

2017-01-13 · Louth

Dundalk man bought firearm on ebay in interests of "public safety", non-jury court hears

In a Special Criminal Court hearing, Owen McCann, 36, admitted to purchasing a .22 calibre sporting pistol, a conversion kit, two ammunition magazines and a single round of ammunition online via eBay and PayPal. He claimed he bought the firearm to remove it from circulation for public safety and subsequently showed the police the hidden gun and ammunition on family land in Co. Louth. McCann had previously pleaded guilty in November 2015 to possession of the pistol, conversion kit, magazines and the single round at Jenkinstown. Gardaí had searched the McCann family land in December 2015, uncovering a large quantity of firearms, ammunition and explosive components, which were deemed background to the case. The court remanded McCann in custody for sentencing on 30 January 2017.

2017-01-13 · Dublin

Legislation does not allow Electronic Tagging for those seeking bail, judge finds

In a bail hearing before the Central Criminal Court, Judge Paul Coffey refused bail for Sinn Féin councillor Jonathan Dowdall (38) and his father Patrick Dowdall (59). Both men were charged with falsely imprisoning, assaulting and threatening to kill Alexander Hurley on 15 January 2015 at Navan Road, Dublin. They also face charges of possessing a firearm or imitation firearm and a handgun with intent to imprison Mr Hurley. The Dowdalls had applied for bail before Christmas, with Chief Superintendent Finbar O'Brien suggesting electronic tagging might satisfy security concerns. The judge examined the legislation and concluded that electronic tagging is not permitted for persons seeking bail. Consequently, the court adjourned the hearing to the new year and denied the bail applications, despite the defendants' willingness to increase surety from €10,000 to €20,000. The defendants are scheduled to go on trial in May.

2017-01-13 · Dublin

Date set for firearms trial

Eamon McNamee, a 34-year-old man from Larkfield Square, Lucan, County Dublin, appeared in court facing a charge of possessing a firearm with the intent to commit an indictable offence, specifically assault causing harm. The alleged incident occurred at Fairgreen, Saggart, Co. Dublin, on January 19, 2013. The matter is currently at the pre-trial stage, with the court fixing a trial date for December 12 at the Special Criminal Court. The trial is expected to last six days. Presiding Judge Ms Justice Isobel Kennedy remanded Mr McNamee on continuing bail until October 23, when his case is listed for mention again. The court did not record a plea, finding, or sentence at this stage, as the proceedings remain in the pre-trial phase. The accused is alleged to have committed the offence, but no conviction has been established. The next procedural step is the mention hearing scheduled for October 23, after which the trial will proceed in December. No other case subjects, pleas, or disposals were recorded in this report.

2017-01-12 · Dublin

Trainee garda overpowered criminal who put imitation firearm to shopkeeper's head

Patrick Brazil, aged 42, was sentenced to eight years in prison, with the final two and a half years suspended, for a series of robberies committed while on bail between August 2014 and January 2016. In one incident, he entered a shop on Oxmantown Road, Dublin 7, brandishing an imitation Smith & Wesson gun and threatening a shop assistant's head, demanding the till be emptied. A trainee off‑duty Garda intervened, and a struggle ensued in which the Garda overpowered Brazil, disarming him and causing the gun to fall. Brazil, who has spent 25 years in prison since age ten and has 76 prior convictions, pleaded guilty to three counts of robbery, one count of trespassing, criminal damage and possession of a knife. The judge, taking into account his addiction history and efforts to seek treatment, imposed the suspended sentence and 18 months of probation supervision.

2016-12-22 · Limerick

Limerick man pleads guilty to having over 700 rounds of ammunition

John Costello, 59, of Glenashrone, Abbeyfeale, pleaded guilty before the Special Criminal Court to possessing 450 rounds of .38 special calibre ammunition and 329 rounds of 9mm ammunition at Main Street, Abbeyfeale on 21 February, and three rounds of 9mm ammunition at his home on 22 February. The court, presided by Mr Justice Tony Hunt with Judges Martin Nolan and William Hamill, remanded him in custody until 24 January, when sentencing will occur.

2016-12-21 · Dublin

Relative of slain Gary Hutch charged with shop robbery

A first cousin of the late Gary Hutch, Derek Hutch, appeared in court charged with holding up a Spar shop on Styles Road, Clontarf, on 11 June 2015. He and accomplice Christopher Coakley used an imitation firearm to threaten the shop manager, demanding the alarm code. Gardaí apprehended them a few hours later in an empty house near the robbery site, where they attempted to conceal the stolen coins and notes. Hutch, aged 26, pleaded guilty to possession of an imitation firearm and robbery. He was placed under probation supervision until 3 November 2017. The prosecution claimed the pair escaped with about €1,215, of which roughly €700 was recovered. Coakley, aged 25, had already been jailed for six years for the robbery and other offences. The court heard that the robbers forced the manager to deactivate the alarm by holding her by the neck and dragging her through the aisles.

2016-12-21 · Cork

Two IRA accused arrested last week refused bail

Sean Walsh, 50, of St John's Well, Fair Hill, and Joseph Walsh, 36, of Glengarriff Road, Fair Hill, Co Cork, were arrested last week in Cork with Michael Gilmartin, 46, of Chestnut Drive, Cluain Ard, Newtown in Cobh. All three men were charged on 14 December 2016 with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA. Gilmartin was also charged with possession of a semi‑automatic 9 mm Walter pistol, a sawn‑off shotgun and 22 rounds of ammunition. At the Special Criminal Court in Dublin, the State objected to the men's bail applications, citing the seriousness of the charges. Detective Sergeant Patrick Murphy and Chief Superintendent Barry McPolin gave evidence that the refusal of bail was necessary to prevent the commission of a serious offence under Section 2A of the Bail Act.

2016-12-21 · Dublin

Ex-Sinn Féin Councillor and father to spend Christmas in custody

Jonathan Dowdall (38) and his father Patrick Dowdall (59) are awaiting trial for charges of falsely imprisoning, assaulting and threatening to kill Alexander Hurley on 15 January last year. They also face charges of possessing a sawn‑off shotgun and a handgun with intent to imprison Hurley. Both men applied for bail at the Central Criminal Court, but the court, citing Section 2A of the Bail Act, refused bail to prevent a serious offence. The Dowdalls offered to accept electronic tagging and other conditions. Judge Paul Coffey noted that such measures could reduce risk and adjourned the matter to the new year to explore tagging. Both men remain in custody until 13 January. The case is set for trial next May.

2016-12-21 · Dublin

Gunman who shot himself in the leg while escaping is jailed for 10 years

James Walsh, aged 30, pleaded guilty to possession of a pistol with intent to endanger life after a shooting at the Church of the Transfiguration in Clondalkin on 26 March 2014. He shot himself in the leg while escaping the scene. The prosecution sought a nolle prosequi on a separate attempted murder charge against Michael Frazer, 37, who was shot twice and later sought sanctuary at a Garda station. On 1 December 2016, Mr Justice Patrick McCarthy sentenced Walsh to ten years' imprisonment, backdated to his initial custody on 5 December 2014. The judge highlighted strong circumstantial evidence, including a black jacket, a mobile phone, and a spent bullet found in Walsh's car, linking him to the shooting. Walsh had spent two years in custody awaiting trial and had prior convictions. The sentence reflected the seriousness of using a firearm to endanger life.