Probation Act for discharging firearm into the air

A South Wexford man who discharged a firearm into the air because he was annoyed by the level of anti-social behaviour in the village has been given the benefit of the Probation Act.

71-year-old Declan Bates, of Kilmore Quay, pleaded guilty at Wexford Circuit Criminal Court to discharging a shotgun in Kilmore Quay on May 26, 2018.

Bates had pleaded guilty to the offence before the court on November 14, 2019.

During the sentencing hearing last week the court heard that Bates met with Lorcan Morrissey on the date in question and asked him to throw a lighter in the air.

When Mr Morrissey did so Bates discharged the shotgun destroying the lighter.

The incident left Mr Morrissey shocked and frightened.

Garda Jennifer Desmond said that she received a number of complaints about the incident.

She said that when Mr Morrissey threw the lighter in the air Bates had fired two shots at it causing it to explode.

She said Mr Morrissey was quite upset by the incident.

Following on from the incident the shotgun, a second gun and a vintage gun were taken from Bates by Garda Eamonn Whelan and they remained in the possession of the gardaí.

During interview Bates told Garda Desmond that he believed Mr Morrissey and others may have been responsible for anti-social behaviour in the village.

He accepted he had carried out the offence.

Acting for Bates Caroline Latham, BL, said in the early hours gardai received a call from the occupants of 44 Crossfarnogue, Kilmore Quay.

They subsequently attended the scene and were told of the incident which occurred the previous afternoon.

Statements were taken from two different witnesses to the incident but at that stage no complaint had been made by Mr Morrissey.

Ms Latham said that on November 14, 2018, Bates attended Wexford Garda Station and a statement was taken from Mr Morrissey at a later date.

She said Bates had cooperated fully with the gardaí and made a full admission.

Ms Latham went on to say that the independent witnesses stated just one shot had been fired, not two and Garda Desmond agreed that Mr Morrissey also referred to one shot being fired.

Ms Latham said Bates was aware of anti-social behaviour in Kilmore Quay, of fires being lit close to the community centre and of smoke being in or around oil tanks of private houses.

She said he also referred to an elderly gentleman being intimidated in the run up to the incident before the court and to a number of complaints being made regarding anti-social behaviour.

Ms Latham told the court that Bates felt he was being intimated by a group of people.

When he met the group he heard one say to the others, ‘Have you got a lighter?’

She said that as a result of this Bates went home and got his shotgun in a bid to frighten them.

He then went to a house from where Mr Morrissey came out.

Bates asked Mr Morrissey to throw the lighter up into the air and he shot at it smashing it in the air.

She said Bates is a 71-yearold fisherman who now runs a boat service from Kilmore Quay to Saltee Island having taken over the service from his father.

He had never come to the attention of the gardaí prior to this incident and had since apologised to Mr Morrissey.

Retired Garda James O’Sullivan said the incident was totally out of character for Bates adding he had served in Kilmore Quay from 1966 until his retirement.

Ms Latham described the action as a monumental lapse of behaviour for which there was no excuse.

‘This is a mere blip, a stupid act, a monumental lack of judgement,’ she said.

She asked the court to consider applying the Probation Act as Bates has a son living in Australia whom he travelled to see every three to four years. A conviction would make this difficult for him, she added.

Judge Cormac Quinn said that the shotgun in question had been licenced which he said was an aggravating factor in the case.

However, he noted there were no ongoing concerns about Bates from a garda point of view.

He also made reference to the testimonials handed in on Bates’ behalf and to the evidence of retired Garda O’Sullivan who had served in Kilmore for a long number of years.

He said he had happy to give Bates the benefit of the Probation Act on condition Bates enter into a good behaviour bond for one year.

The court heard there was no objection to the two modern guns being confiscated.

However Ms Latham said the third gun was a vintage gun which Bates had bought for €1,200.

She said if it would be possible to sell this off with the proceeds going to charity.

Judge Quinn agreed to this and ordered that the proceeds of the sale be handed over to the Kilmore Quay Community Centre.