A Co. Louth man has been sentenced to five years at the Special Criminal Court in Dublin for possession of a .32 calibre handgun.<\/p>\n
Patrick McDonagh (50) with an address at Naughton Close, Dundalk, had pleaded guilty to the unlawful possession of a .32 inch auto (7.65mm) calibre IZH 79-8 model Baikal make semi-automatic pistol bearing serial number TPB358706 at Main Street, Castlebellingham, Co Louth on June 10, 2013.<\/p>\n
McDonagh was arrested by gardai in June of last year as part of an ongoing operation to counter dissident republican activities in the border area.<\/p>\n
He was also charged with membership of an unlawful organisation within the State styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on June 10, 2013.<\/p>\n
Counsel for the prosecution, Mr Shane Costello BL, told the court the DPP was entering a nolle prosequi, in other words not proceeding with, the charge of IRA membership.<\/p>\n
Presiding judge Mr Justice Paul Butler, sitting with Judge John O\u2019Hagan and Judge Flannan Brennan, noted in mitigation that McDonagh was \u201ca very decent man with an excellent work history\u201d.<\/p>\n
Mr Justice Butler said his admissions were pertinent because he was not holding the weapon at the time he was stopped by gardai and noted his early plea of guilty.<\/p>\n
However he said it was a \u201cserious offence\u201d and noted he was previously convicted for possession of explosives.<\/p>\n
He said it was a \u201cmost serious matter\u201d and were it not for the mitigating factors the appropriate sentence would be eight years.<\/p>\n
He was sentenced to five years imprisonment and it was backdated to February 1, 2014 for time spent in custody.<\/p>\n
Detective Inspector Michael Gibbons of the Special Detective Unit told the court that surveillance was being carried out on a black Volkswagen car at Dundalk in Co.Louth on June 10, 2013.<\/p>\n
He told Mr Costello that the car was stopped on Main Street in Castlebellingham and McDonagh and his partner was in the vehicle.<\/p>\n
Det Insp Gibbons told the court the vehicle was searched and a semi-automatic handgun was found in the boot of the car.<\/p>\n
The Baikal pistol was later technically examined and it was ascertained that it was in good working order, the court heard.<\/p>\n
The court was told that when McDonagh was arrested he told gardai that his partner had nothing to do with it.<\/p>\n
He has a previous conviction for possession of explosives for an offence committed in April 1999.<\/p>\n
His sentence was increased to 10 years in the Court of Criminal Appeal and he was released in 2005.<\/p>\n
McDonagh, who is now unemployed, has four adult children and the court heard his marriage has now broken up.<\/p>\n
Mr Costello told the three-judge court that the presumptive minimum for the offence was five years imprisonment with a maximum sentence of 14 years and he noted that McDonagh had pleaded guilty and co-operated with gardai.<\/p>\n
Det Insp Gibbons agreed with counsel for McDonagh, Mr Michael O\u2019Higgins SC, that the firearm was concealed in the boot so his admissions were of value.<\/p>\n
He also agreed that McDonagh entered a plea of guilty at an early stage, which was of weight to the prosecution.<\/p>\n
Det Insp Higgins further agreed that McDonagh had a strong work ethic in his employment with adults with learning difficulties and autism.<\/p>\n
Mr O\u2019Higgins asked for as lenient a sentence as appropriate and asked the court to consider the seven-year gap before McDonagh reoffended.<\/p>\n
He said McDonagh was of material assistance to Gardai, entered a plea of guilty and was morally correct that his partner was not implicated.<\/p>\n
Mr O\u2019Higgins said his client was settled traveler and as the eldest of five children his mother relies heavily on him since his father is deceased.<\/p>\n
He said McDonagh, who was married for 27 years, has two boys and two girls and separated in 2009.<\/p>\n
Mr O\u2019Higgins said his client worked diligently and had an excellent work record in his employment with adults with learning difficulties and autism.<\/p>\n
He had submitted there were very strong mitigating circumstances in the case for the court not to impose the minimum sentence.<\/p>\n","protected":false},"excerpt":{"rendered":"
A Co. Louth man has been sentenced to five years at the Special Criminal Court in Dublin for possession of a .32 calibre handgun.<\/p>\n
Patrick McDonagh (50) with an address at Naughton Close, Dundalk, had pleaded guilty to the unlawful possession of a .32 inch auto (7.65mm) calibre IZH 79-8 model Baikal make semi-automatic pistol bearing serial number TPB358706 at Main <\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[4],"tags":[],"acf":[],"yoast_head":"\n