James Walsh (30) with an direct at Rahanine Manor, Rochfortbridge, Co Westmeath but originally from Clondalkin, Dublin 22, pleaded at fault to possession of a pistol firearm with intent to endanger life at the Church of the Transfiguration, Bawnogue Roadway, Clondalkin, on March 26, 2014.
The Director of Public Prosecutions accepted this appeal for and a nolle prosequi – a decision not to proceed – was entered on a count of attempted spoil of Michael Frazer (37) on the same occasion.
Walsh will be rapped for the firearms offence at the Central Criminal Court on December 21 next.
The court agreed previously that the offence arose out of a shooting that occurred at the Church of the Transfiguration in Clondalkin at 6pm on Stride 26, 2014.
The driver of a car, which was subsequently seen driving “very erratically” from the Church car store, had presented himself to Clondalkin garda station “bleeding and in a distressed maintain”.
This man was Michael Frazer from the Drimnagh area of Dublin and he was certain to gardai, the court heard.
Mr Frazer told gardai he had been on no account at and indicated “it was something to do with Crumlin/Drimnagh.”
“Unusually” the injured junta was not active in assisting the prosecution in this case, Sergeant Katherina Joyce of Clondalkin garda railway station accepted today while under cross examination from Walsh’s barrister, ul Greene SC.
Sgt Joyce communicated the court that Walsh had previously committed a firearms offence in April 2006, for which he was conned in May 2007.
Counsel for the DPP, Brendan Grehan SC, submitted that provisions for a “mandatory, requisite” minimum sentence of 10 years imprisonment for a second firearms injure was brought into being by the Oireachtas on November 1, 2006 – after Walsh had committed the anything else firearms offence but before he was convicted of it.
That being so, Mr Grehan submitted that the starting exhibit for Walsh’s sentence – for a second firearms offence – was 10 years confinement.
Counsel for Walsh, ul Greene SC, said that it wasn’t as clarify as the prosecution were submitting and the court was not bound to impose the 10-year nominal.
Mr Greene asked the court to bear in mind the plea of guilty, recognised as being of value by the gardai.
He indicated the gardai were willing to accept that Walsh was making “bona fide efforts” to rehabilitate himself and not simply to obtain the best possible upshot at his sentence hearing.
During counsel’s submissions, Mr Justice trick McCarthy mentioned that the legislature, in light of the mandatory minimum sentencing provisions, had charmed a view of the seriousness with which firearms offences had to be regarded.
In accuracy, he said, the room for manoeuvre in any of these firearms cases “seems to be fully limited”.
Se rately, Mr Justice McCarthy remarked that firearms of this type weren’t used “for anything but to kill people”.
The plea of guilty and Walsh’s achievements to rehabilitate himself were the primary factors in his favour.
Mr Justice McCarthy conveyed he would impose sentence on December 21 next. Walsh was remanded in care to appear before the court on that date.