MAN FINED OVER IMITATION GUN
GARDAÍ FOUND OBJECT IN CAR’S GLOVE COMPARTMENT
A MAN was fined in court last week for having an imitation gun in the glove compartment of his car, which was searched by gardai in Ferns, last year.
Martin Stedman, Coolroe, Tinahely, Arklow, appeared before Judge Brian O’Shea at Gorey District Court on Wednesday, October 2.
At the start of the case, the judge questioned how the defendant was entering a plea of not guilty while at the same time accepting the facts of the case.
In response, solicitor David Tarrant, said an imitation firearm was found in the glove compartment of his client’s car during a search.
‘My argument is that is has to be seen by an ordinary member of the public,’ he said.
However, the judge didn’t accept that and countered: ‘So [you are saying] if a garda gets a firearm they have to pick a random member of the public and ask them what they think it is?’
The judge added that a car is a public place when it is parked in a public place.
Garda Raymond Moore gave evidence in the case and said he was an observer in a patrol car with Garda Pat Doyle when they pulled into the Applegreen Service Station on Main Street, Ferns. at 4.20 a.m. on September 4, 2018.
‘I observed a car parked in the far corner,’ he said. ‘I spoke to the driver and a search of the car revealed a quantity of cannabis.’
The judge interjected at that point and highlighted that he could not accept a plea as the matter of jurisdiction had not been dealt with.
Addressing Mr Tarrant the judge said: ‘You have formally entered a plea but I have to decide on the issue of jurisdiction and I need to do that before a plea is entered.’
Garda Moore then continued to outline the details of the case to the judge.
He said there was a bench warrant outstanding for the defendant at the time and that the search of the car revealed ‘a firearm in the glovebox’ in addition to the cannabis.
When asked if he had the imitation firearm in court the garda said he didn’t because it was ‘between Wexford and ballistics’.
‘I cannot accept jurisdiction if I cannot see the item,’ said the judge.
He then said the offence before him was one of possession of a realistic firearm.
‘So he just had it?’ said the judge.
‘That appears to be the case,’ replied Inspector Pat Cody.
The court then heard the defendant was arrested on foot of an existing bench warrant and that at the scene he said he had the imitation firearm ‘to shoot rabbits’.
‘This is incredible,’ commented the judge. ‘He had in his possession a firearm, albeit imitation, he is brought to the station and not questioned about it at the station on video,’ he added.
‘You have to wait for it to come back from ballistics and that report could come back months later,’ replied Insp Cody.
Mr Tarrant then informed the court that his client had entered a difficult period after the death of his long term partner but was now getting things back on track.
The judge commented that in all the circumstances the defendant could regard himself as being ‘very lucky’ in how the gardaí brought the case. He then imposed a fine of €200.