Laois man pleaded guilty to possessing 12-gauge double barrel shotgun
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A Laois man who posted videos online with a shotgun and sent threatening or offensive communications was ordered to take part in the Restorative Justice Scheme, undergo a probation report and be assessed to see if he is a suitable candidate to undertake community service.
Gardaí were also asked to canvass a victim impact statement from the victim in the case.
That was the order of Judge Susan Fay when James Delaney from Derrynaseera, Coolrain, came before her at last week’s sitting of the District Court in Portlaoise.
The prosecuting garda, Olympia Sosinska, said the incident took place at 5.30pm on 2 December last at The Rock, Mountrath. She said Mr Delaney was later arrested under Section 3 of the Offences Against the State Act and told the court he had two previous convictions in 2006, one for assault, the other for failing to provide his details to gardaí.
Mr Delaney pleaded guilty to possessing a 12-gauge double barrel shotgun and to sending threatening or offensive communication with the intent to cause harm.
Defence solicitor Barry Fitzgerald said: “The gun was decommissioned in 2010 and as such a firearm licence was not required. When a gun is decommissioned, it cannot be used.” Agreeing, Gda Sosinska said when a gun is decommissioned its firing pin is removed.
Mr Fitzgerald said that his 40-year-old client was under significant threat at the time and did it as a threat to get the other man to back off.
“He is in a relationship with a lady, and they shared three children. She had a daughter from the previous relationship, and the issue arose with the father of the daughter, who my client treats as his own daughter.” Mr Fitzgerald said that Mr Delaney had alcohol taken at the time he made the threats and “genuinely felt threatened and scared. It wasn’t possible for him to go through with his threats. He is othe4rwise a good living man. This case presents more serious that it was.” Judge Fay ruled as outlined and adjourned the case to 13 April.
