A convicted murderer and a gambling addict have been jailed for their part in helping to move a submachine gun that was recovered during a Garda operation three years ago.
Last month, Robert Redmond (35), who was jailed for life in December last year, and his co-accused Jamie Gray (27) pleaded guilty to charges under Section 27A (1) of the Firearms Act 1964.
At the Special Criminal Court, Redmond, with a previous address at Streamville Road, Dublin was jailed for a period of six years.
Gray, of Hazelwood, Fassaroe, Bray, Co Wicklow, was handed a sentence of five years and three months with the final year suspended for a period of three years.
Both men had pleaded guilty to having in their possession or under their control a firearm, to wit, a RAK PM-63 submachine gun, in such circumstances as to give rise to a reasonable inference that they did not have it in their possession or under their control for a lawful purpose at M11 Southbound, Shankill in Dublin on May 7th, 2020.
Passing sentence on Monday, Mr Justice Paul Burns said the court acknowledged that the involvement of both men had been to source the weapon for others and neither had any intention of using it.
He said the 9mm Makarov [type] submachine gun, found in a vehicle stopped by gardaí, was in poor condition and the court noted the serial number had been deliberately erased.
The court previously heard the gun was missing a number of components including the stock. It had a 15-round magazine capacity and the magazine had to be held in place with one hand while firing.
The judge said the offence before the court carried a maximum sentence of 14 years in prison.
Criminal enterprise
He said the circumstances in which the firearm was being moved indicated a criminal enterprise involving a number of individuals and noted that the prevalence of such a firearm is a “dangerous scourge on our society”.
The court heard that Redmond has 97 previous convictions which include two counts for possession of firearms and ammunition with intention to endanger life as well as a life sentence for murder.
Mr Justice Burns said the court considered a headline sentence of eight years to be appropriate in the case of Redmond.
He said mitigating factors in Redmond’s case included his plea of guilty, the fact that his involvement was to source the weapon for others and the fact that the gun was in poor condition.
Mr Justice Burns noted that Redmond had had a difficult life and had suffered with addiction issues which he had taken steps to address.
Taking mitigating factors into consideration, he said the court considered a sentence of six years to be appropriate.
Previous convictions
Mr Justice Burns noted that Redmond is currently serving a life sentence for murder and said the sentence imposed today would run from October 5th 2021 when he went into custody in relation to this matter.
Turning to Gray, the judge noted that all his previous offending had been dealt with at district court level. Gray has 91 previous convictions, all for road traffic offences except one count of possession of drugs from 2021.
He said the court considered the appropriate headline sentence to be one of seven years.
In mitigation, he noted that Gray had entered a plea of guilty on the trial date, but this had been indicated earlier. He noted that Gray’s involvement was in sourcing the weapon for others, and he had no intention of using it himself.
The court heard Gray had married at 18 and had two young children. The defendant became addicted to gambling, the judge said, and borrowed from “unorthodox sources” to fund this.
Mr Justice Burns noted that Gray’s GP said he is suffering from anxiety. He said the accused had taken steps to address his gambling addiction and was assessed as being at “moderate risk” of reoffending.
He said taking mitigating factors into account, the court would sentence Gray to a period of five years and three months imprisonmenst with the final year suspended for a period of three years. The judge said the sentence is to run from July 10, 2023 when he went into custody in relation to this matter.
Surveillance operation
At a previous sentencing hearing earlier this month, Sergeant Brian McDermott told prosecuting counsel, Garret Baker SC, that after receiving confidential information about the handing over of a firearm, gardaí put a surveillance operation in place on two vehicles; a silver Hyundai jeep and a white Nissan Pulsar.
On the evening of March 7th, the two vehicles pulled in on the main street in Clondalkin and certain people got out of the Hyundai including Redmond and Bernard Fogarty. The two men got back into the Hyundai and the convoy continued.
Last December, career criminal Redmond was sentenced to the mandatory term of life imprisonment for murdering father of eight Barry Wolverson (40) at Madigan's Yard, Kileek Lane, Swords, Co Dublin, at around midday on January 17th, 2020. He had denied the charge.
Redmond's co-accused Bernard Fogarty (34), with an address at Cromcastle Court, Kilmore, Coolock, Dublin 5, was also sentenced to life imprisonment for murdering Mr Wolverson. Mr Wolverson was a businessman who rented space at Madigan's Yard in Swords in north Dublin. He was shot in cold blood and died after being in a coma.
Separately, Fogarty was also jailed by the Special Criminal Court for five years in 2020 after pleading guilty to possession of a RAK PM-63 submachine gun on March 7th, 2020.
At the previous sentencing hearing, Sgt McDermott said the Hyundai was observed travelling towards Donaghmede on the evening of March 7th when both vehicles pulled in at Hole in the Wall Road. Fogarty got out of the jeep and went towards his home address before gardai witnessed him going over to the Nissan Pulsar and leaning into it. Both vehicles then left the area.
The court heard that the submachine gun was in the front passenger footwell of the Nissan Pulsar and the driver of the car was arrested. A phone which was of interest to the investigation was seized from the vehicle.
The sergeant said Gray was not in either car but that an examination of the phone seized in the Nissan Pulsar and information provided to gardai had led to his arrest.
Gray's home address was searched and evidence of interest emerged when his mobile phone was seized. The court heard there had been "a significant amount of phone traffic" between Gray and Redmond on March 6th, 7th and 8th.
The witness said that two text messages had emanated from Gray's phone to the driver of the Nissan Pulsar on the day of the offence. The first text message read "pull in, put it in the engine" after the firearm was handed over by Fogarty to the driver of the Nissan Pulsar. Another text from Gray's phone read "hide it out there, send me a picture of it".
The sergeant said there was an indication in the text message that a driver on behalf of Gray would come and collect the weapon.
The court heard Gray was interviewed and accepted that the phone seized belonged to him. Clothing seized at Gray's house also linked him to CCTV evidence taken from a Circle K garage in Bray earlier that day.
The court heard the footage showed a third vehicle driven by Gray entering the forecourt of the petrol station and meeting the occupants of the Hyundai jeep. Gray was seen speaking to those in the Hyundai jeep and interacting with other parties.
