MAN FACES SENTENCING AFTER REVOLVER IS FOUND IN CAR BOOT
MAN (38) ADMITTED POSSESSION OF A SMITH AND WESSON REVOLVER HE HAD COLLECTED FROM A HOUSE IN COLLOONEY HAVING EARLIER IN THE DAY BEEN INVOLVED IN AN ALTERCATION WITH A WOMAN
A man described as a ‘ high level criminal’ had a gun in the boot of his car after collecting it from a house while drinking all day, a court has heard. Brian Duke (38) of Kevinsfort, Sligo was before Sligo Circuit Court for the possession of a Smith and Wesson gun and cannabis on April 10 th 2018. Duke had previously pleaded guilty to the offences. The drug possession charge was taken into consideration.
Garda Dimitrius Doherty in his evidence said on the night in question gardaí had received an anonymous phone call reporting loud music at an apartment at Cornmill Park, Ballymote.
On arrival gardaí got a strong smell of cannabis from the apartment and later got a warrant to search the premises.
Duke’s car was parked in front of the apartment and that was also searched and a deal bag of cannabis worth €25 was found in the glovebox.
Garda Denis Fitzgerald searched the boot of the car where he found the gun partially wrapped in a yellow cloth.
Duke was arrested and conveyed to Ballymote Garda Station.
He was deemed not fit to be interviewed and the following day was interviewed on four occasions.
He intially denied all knowledge of the gun and said he recently bought the vehicle which he had previously owned.
He said he had looked in the boot but did not see the gun that was in a compartment.
During the second interview he admitted the drug possession but continued to deny the possession of the firearm.
He later made admissions in relation to the gun.
Detailing his movements for the day, Duke told gardaí he was at Council offices, was in Strandhill to look at the water, went to Ballymote and back to Strandhill for drinks.
He then went to Ballymote and stopped in Ballisodare for a drink.
He told gardaí he also stopped at a house in Collooney to collect the revolver.
He told gardaí he had been shown the gun at the house on March 16 th, 2018 by a man he had just met.
Duke told gardaí he did not want the homeowners to think the gun, which, according to Duke, was in the shed of the house, belonged to him.
He said he had thought about taking the gun from the property and disposing of it for some time and on the day in question decided to get rid of it.
Garda Doherty told the court Duke had been involved in an altercation earlier that day in Cranmore with a woman, Tanya Cox, and he had been hit by a crutch.
The garda said he believed the altercation led him to retrieve the firearm.
A ballistics report on the firearm showed it was non functioning.
The Smith and Wesson revolver had a permanent obstruction in the barrel and it’s firing pin was removed.
The court was told Duke had 15 previous convictions, including threatening to damage property and attempted robbery.
Asked by defence, Mr Desmond Dockery, SC, with Keith O’Grady BL, instructed by Mr Tom MacSharry, solicitor what his opinion of his client was, Garda Doherty said he believed Duke was a ‘ high level criminal’.
Mr Dockery said most of Duke’s offences were road traffic charges and some small fines.
Judge Francis Comerford said though Duke had a previous conviction for simple drug possession, he was aware that there was a subsequent attempt for the drug to be smuggled into a prison.
“That puts Duke on the fringes of serious criminal conduct,” said the judge.
Mr Dockery said he would submit that his client was on the lower end of criminal activity and said during interviews it was never put to his client if he got the gun in order to return to Cranmore.
He said his client had a difficult upbringing and had qualified as an electrician in 2015.
Duke was addressing his addiction issues, was in a stable relationship and was the father of one and had no contact with previous associates.
Giving evidence, Duke told the court it was fortunate the revolver was non functioning, and the man who had initially showed him the gun was a friend of his partner.
He said the gun was hidden in the shed of a friend’s house and it played on his mind and he made a bad decision.
Duke said he went drinking that day after he was hit by Ms Cox and forgot about the argument, he went to Collooney to the house and collected the gun and knew the gun was in the car when he permitted gardaí to search it later that night.
A probation report outlined Duke was at a high risk of reoffending, however, it stated this could be avoided if he stays in steady employment.
Duke said he attends AA and NA meetings, is drug free, and the last time he drank was when he was involved in an attempted robbery.
He received a three month suspended prison sentence for that and had spent three months in prison on remand for that offence.
State prosecutor Mr Leo Mulrooney, BL, instructed by State solicitor, Ms Elisa McHugh, questioned Duke in relation to reuniting the gun with its owner as he had intiially told gardaí and also why he told the probation service he was going to throw it in a river.
Duke said it was a spur of the moment decision to take the gun from the house and was going to seek advice on what to do with it.
Mr Mulrooney asked Duke why he would do a ‘good deed’ and get rid of the gun if he had nothing to do with it, to which Duke said he did not want the owner of the house thinking he had anything to do with the gun.
“So it is a complete coincidence you got the gun hours after the altercation,” asked Mr Mulrooney.
Duke responded, “Once that conversation was over it had no bearing on my day.”
In mitigation, Mr Dockery said the gardaí had looked for an inference that Duke was going to threaten Ms Cox with the gun.
However, he said his client never returned to Ms Cox’s home and that there was no evidence that he was going to return to Cranmore.
Mr Dockery said his client had removed himself from associates, addressed his addictions and a probation report was favourable.
He said what Duke did was stupid and impulsive but he did not brandish the gun or barter for it.
Judge Francis Comerford said the matter was very serious and Duke was not the ‘ typical ordinary criminal’ and adjourned the matter to July 14 th next for sentencing.
Duke was remanded in custody to appear on that date.
HE (DUKE) TOLD THE COURT IT WAS FORTUNATE THE REVOLVER WAS NON FUNCTIONING.......THE GUN WAS HIDDEN IN THE SHED OF A FRIEND’S HOUSE AND IT PLAYED ON HIS MIND