A man who transported a sawn-off shotgun to pay off an alleged drug debt has been jailed for four years.
Conor McNally (26), of Cappagh Avenue, Finglas, Dublin, appeared before Judge Pauline Codd in the Dublin Circuit Criminal Court on Monday.
He pleaded guilty to possession of both a firearm and ammunition on Glasnevin Avenue, Dublin 11, on November 8th, 2022.
Garda Craig Shields said that shortly after midnight on November 8th, 2022, he was on mobile patrol with his colleague. They received information that McNally was allegedly in possession of a firearm.
Gda Shields and his colleague saw two males on bicycles on Glasnevin Avenue, cycling in the direction of Finglas village.
Gda Shields recognised McNally, as he said he knew him from dealing with the general community in Finglas.
The two gardaí called in for armed support and then drove up to the two men in an unmarked car.
Gda Shields said he stopped to pick up a backpack he noticed McNally discarding, while armed gardaí stopped McNally a short distance away.
The gardaí drew their official firearms and identified themselves and McNally immediately lay on the ground.
Gda Shields told the court that when he opened the backpack McNally dropped, he found a double-barrelled sawn-off shotgun, accompanied by eight shotgun cartridges.
McNally was arrested and brought to Finglas Garda station where he was interviewed on a number of occasions but made no admissions.
A subsequent examination of the firearm proved that McNally had handled or discharged a firearm or had been in contact with a firearm. However, Gda Shields told the court that gardaí were unaware of any reports of a firearm being discharged that evening.
'Drug debt'
Fiona Murphy SC, defending, told the court McNally was in possession of the firearm because “he had a drug debt” and that “there was a threat to his life at the time.” She said: “It was indicated to him that if he moved this bag, it would get rid of the threat.”
Ms Murphy told the court McNally had handed in a handwritten letter which “paints a fairly tragic picture” in relation to his life.
She said there were “clearly psychological effects” resulting from his mother’s suicide when he was a child and his father being shot when he was a teenager. His father had also had issues with addiction and the gardaí.
In the letter, McNally set out memories of his father asking him to carry packages.
Ms Murphy said: “Given the unsettled nature of his childhood, things were only getting worse.” She told the court McNally developed a dependence on drugs in his late teens.
She reminded the court that McNally had entered his plea at an early stage and that he experienced “exceptional” difficulties which provide “some explanation” for his behaviour.
Ms Murphy said: “He is not someone who does not want help or who will not engage with help” but that he will “welcome it with open hands.”
She said that while in prison, McNally has been engaging with psychiatric services and is enrolled in art and life skills classes.
McNally has 44 previous convictions. These include convictions for possession of a weapon, theft, criminal damage, misuse of drugs, public order and road traffic incidents. These had all been dealt with in the District Court.
Judge Codd commended the gardaí for their intervention. She said: “The transport of firearms is a serious thing” which often occurs against “the background of drug wars” and “gangland feuds.”
She considered the aggravating factors of the presence of both a firearm and ammunition, which she described as a “serious matter”, as well as the nature and number of his previous convictions. She also said there was no evidence to support his story that he was paying off a drug debt.
Judge Codd said the mitigating factors were that McNally “has expressed genuine remorse” and that he comes from “very difficult circumstances.” She also acknowledged positive reports from a psychotherapist dealing with McNally.
Judge Codd handed down a sentence of five years in prison, with the final year suspended on the condition that McNally is on good behaviour and engages with appropriate counselling while in prison.
The sentence was backdated to November 9th, 2022, when McNally entered custody.
