Enniskerry man (24) to be jailed for his role in conspiracy to purchase a firearm

DEFENCE SAID ACCUSED WAS UNDER PRESSURE DUE TO HIS DRUGS DEBT

A Wicklow man who is not a “potential killer or hitman” has been jailed for his role in a conspiracy to purchase a firearm.

David Hackman (24) pleaded guilty to a count of conspiracy to commit a serious offence, namely the possession of a firearm in suspicious circumstances contrary to section 27a of the Firearms Act on dates between March 31, 2019 and May 28, 2019. The offence carries a maximum sentence of 14 years.

Imposing a four and a half year sentence, Judge Martin Nolan said on Tuesday the courts are always hopeful of rehabilitation but, “this man must suffer a term of imprisonment”.

The court heard that gardai received information about the handover of a firearm and on May 28, 2019, they observed a silver Ford Focus parked near a Spar in Waterville, Dublin 15.

Hackman was a passenger in the car, which contained three other occupants, including his mother. They all appeared nervous and told gardai they were going for a spin.

A search was carried out and Hackman was found to be wearing a bulletproof vest.The car’s occupants were taken to Blanchardstown Garda Station. Hackman’s mother handed over €4,000 in cash, which she said she was carrying for her son. She had six mobile phones in her possession, which were seized along with three phones found on Hackman.

Gardai also searched a nearby wooded area and found a 9mm firearm concealed near a tree trunk and a pair of orange latex gloves.

When the phones were analysed, gardai found evidence of conversations between Hackman and his mother about the purchase of a gun between March and May 2019.

There were further messages, including a conversation on May 27, 2019 in which Hackman’s mother asked “what called” and “how much”. Hackman replied with the type of gun and “four”, which the investigating garda said referred to the €4,000 cash recovered.

Hackman was later arrested and interviewed four times. Both sides of the transaction were identified and prosecuted, the court heard. A co-accused was previously handed a seven year sentence for possession of the firearm and other offences.

Dublin Circuit Criminal Court heard that while Hackman entered a guilty plea on a trial date, this was indicated in advance. Hackman’s mother was also charged, but in light of his guilty plea, the case against her is not going ahead.Hackman of Kilgarron Park, Enniskerry, Co. Wicklow has a number of previous convictions including for assault and possession of drugs.

The court heard that the Director of Public Prosecutions’ view is that this offence falls within the mid range for sentencing of seven to 10 years.

Defence counsel said his client was 21 at the time and had addiction issues. Hackman had a drugs debt and as a result, was placed under “an obligation” to be the “receiver for this piece of equipment”, counsel said.

He suggested his client was “someone in fear” who was “stepping into new territory” when Judge Nolan asked why Hackman was wearing a bulletproof vest.

Hackman comes from a difficult background and was unable to sit his Leaving Certificate following an accident where he was knocked off a scooter, the court heard.

Defence counsel said his instructions are that this accident involved people putting him under pressure due to his drugs debt.

His client had been involved in “low level offending” but was “going into territory he knew nothing about”.

“This was to be a step up for him. What is tragic about this case is that his mother was involved to some degree,” defence counsel said, adding while he had no instructions about her level of knowledge, she didn’t appear to be “someone bringing a positive influence” to his client’s life.

He said his client was “putting on the hard man”, but was in reality a “young fella” who had already been threatened.

Hackman has engaged with supports to deal with his addiction and has the opportunity of employment following his release from custody. A number of letters were handed to the court.

Defence counsel noted Hackman was assessed as being at a high risk of re-offending, but said there are positive influences in his life, including his partner.

He asked the court for as much leniency as possible for his client, who was “out of his depth” and trying to “protect himself,” not a “potential killer or hitman”.

Judge Nolan noted that Hackman’s mother was “let out of the case” after her son’s guilty plea. He said Hackman has a considerable number of previous convictions, including for drugs offences but they are “minor enough in seriousness”.

Setting a headline sentence of eight years, the judge said the mitigation included Hackman’s guilty plea and his youth.

Judge Nolan rejected an application by the defence to impose a post-release condition that Hackman attend a drugs treatment programme with Tiglin.

“If he can’t change his life by spending four and a half years in prison, then Tiglin can’t help him much”, the judge said.

THIS WAS TO BE A STEP UP FOR HIM. WHAT IS TRAGIC ABOUT THIS CASE IS THAT HIS MOTHER WAS INVOLVED TO SOME DEGREE