Trial begins of New Ross man accused of having handgun

THE Special Criminal Court will be satisfied that the only use for a loaded handgun found inside a parked car in a north Dublin estate was to endanger life, a prosecution barrister told the trial of a Wexford man yesterday (Monday).

Edward McDonnell (55) of Waterside Apartments, New Ross in Co Wexford, is accused of being in unlawful possession of a semi-automatic pistol, namely a Grand Power G9, and having the weapon with intent to endanger life at Lein Park, Harmonstown, Dublin 5 on September 14, 2019.

The court heard that a number of items were seized during the garda operation, including an encrypted phone.

Arraigned on the two charges before the non-jury Special Criminal Court yesterday, Mr McDonnell pleaded not guilty to the counts.

Opening the prosecution’s case, Sean Gillane SC told the three-judge court that a garda surveillance operation covering the Coolock area of north Dublin commenced on September 11, 2019, under the direction of Detective Inspector Noel Browne of the Drugs and Organised Crime Bureau. The operation culminated three days later.

Mr Gillane said the defendant is accused of possession of a firearm with intent to endanger life and possessing it in ‘suspicious circumstances’.

Counsel explained that a Toyota Avensis vehicle was observed being driven by Stephen Little (46) of Kilbarron Avenue, Kilmore, Dublin 5, and an unknown male in the Harmonstown area of north Dublin on September 11 at 9.35 p.m.

Mr Gillane said that on September 12 Det Insp Browne became concerned with the possibility that a navy coloured Audi vehicle might be available for use in a criminal operation and a search commenced in north Dublin for it.

The Audi aroused suspicion from members of the public and gardai who came upon it when it was parked up at Lein Park in Harmonstown, said Mr Gillane. The car appeared to be falsely registered and was placed under surveillance by the National Surveillance Unit (NSU).

‘Of significance is not what happened to the vehicle but what didn’t happen with the vehicle,’ said Mr Gillane.

The barrister said there was no activity with the Audi until September 13, when gardaí made a decision to search it. Detective Garda Jonathan O’Leary discovered a loaded handgun under the passenger seat and made the firearm safe by removing the magazine, said Mr Gillane. He then placed the firearm back under the seat and surveillance continued on the vehicle.

A surveillance operation commenced on the Lein park area as well as an area close to Pearse House near Hanover Street East on September 14, said Mr Gillane.

In a combined surveillance operation, a Toyota Avensis vehicle was observed being driven by Stephen Little and another person not before the court arriving at Hanover Street East at 3 p.m. on September 14, said Mr Gillane. The car pulled up and Mr McDonnell exited the rear of the Avensis and went towards the ‘K’ block within the Pearse House complex, he said.

Mr McDonnell returned to the car five minutes later and got back into the Avensis, which was driven off by Mr Little.

The Avensis was observed crossing the Liffey onto the North Strand and going towards Lein Park in Harmonstown. At this point, the Avensis stopped and parked near the Audi, said Mr Gillane.

There will be evidence, the court heard, that Mr McDonnell got out of the Avensis and approached the Audi, where he was observed taking a key from the drivers wheel and getting into the Audi.

The court heard further evidence will be that Mr McDonnell was removed from the Audi car that afternoon and arrested.

Mr Gillane also indicated that at the time of the execution of Mr McDonnell’s arrest, a number of items of relevance were immediately apparent and fell to the ground in the course of that operation. These included two balaclavas, two black caps and two pairs of gloves, he said, adding that the firearm was also recovered.

In addition, further items of clothing were observed on the passenger seat of the vehicle as well as a red petrol can, he said.

The Avensis vehicle was also intercepted after a short pursuit and Little was arrested along with another man who is not before the court, said the lawyer.

The firearm, magazine and the magazine spring from the gun were also examined, he said. ‘ The pistol was operational and in good condition and capable of semi or fully automatic fire,’ he explained.

Counsel said the court will hear that a number of phones were recovered from the Avensis and this included an encrypted one. A black Nokia phone was also seized from Mr McDonnell.

In summary, Mr Gillane said that the court will be satisfied that a combination of the circumstances in the case will conclude that the Audi was parked up at Lein Park for the purpose of its deployment in a criminal enterprise and the only use for the firearm was to endanger life.

Following the opening, Mr Justice Tony Hunt presiding, with Judge Sarah Berkeley and Judge Dermot Dempsey, adjourned the trial until today (Tuesday). The trial is expected to last two weeks.