A man who was in possession of two imitation firearms while out in Waterford was recently handed a court fine.
Tomas Cullen (41) of Prospect House, Coolfin, Portlaw, appeared before Judge John Cheatle at a sitting of Waterford District Court last December, for charges including being in possession of two imitation firearms and a tool with a blade, contrary to Section 9A, 9 (1) & (7) of the Firearms and Offensive Weapons Act, and for being in possession of cannabis for his own personal use, contrary to Section 3 of the Misuse of Drugs Act, relating to an incident on 23 August of this year.
The court heard that on the day in question, Gardaí were called to J.K.Walsh’s pub, Waterford city, after a member of the public reported seeing a man with a handgun in his bag. The accused was identified to Gardaí and subsequently searched, which led them to find two imitation firearms, €140 worth of cannabis and a tool with a blade in his bag.
Acting for the defendant, solicitor Ken Cunningham told the court that what the accused had in his bag were B.B. guns that are “readily available in shops and online.” He noted that a licence is not required for one of these guns if they don’t exceed one joule, which is a measurement for how powerful they are once fired, and indicated that this was the case for the guns bought by his client.
Mr Cunningham highlighted that the accused had them in his bag in the pub, and they weren’t “waved around.” He stated that someone else in the pub observed them in his bag, and that his client didn’t know that it was “unlawful” to have them in public, as he had just bought them from a shop in Waterford that day. In relation to the tool, Mr Cunningham said that it is something that would be used by a tradesperson.
Mr Cunningham again reiterated to the court that the accused was unaware that it was illegal to have the items in his possession in public, and that he has suffered greatly with his mental health since this incident. He said that his client has sought treatment with a psychiatrist, and has now reentered into employment “against all odds.”
It was noted in court that the accused has come to no further Garda attention since this incident in August. Photos of the items found in his possession were also presented to Judge Cheatle.
Judge Cheatle asked the defendant if he was happy to let the items go, as there seemed to be “nothing sinister” in his behaviour. Mr Cunningham indicated that his client would likely agree to this, as the guns have brought him “nothing but trouble” since he bought them.
Judge Cheatle noted that the accused was allowed to have these items at home, but that the charge was coming from the fact that he brought them out in public. Sergeant Michael Hickey said that the accused should have had a “level of responsibility” after buying the guns, asking Judge Cheatle that “if you buy items like that, do you go for a couple of pints?”
Judge Cheatle decided to make a destruction order for the firearms, but not the tool. He handed the accused a €200 fine for one of the charges, and took everything else into consideration.
Funded by the Court Reporting Scheme
Robyn Power
