A father of two jailed for 12 years for blasting four shots into a relative’s house where infant twins were sleeping has appealed his conviction, arguing there was no evidence of a feud or "bad feeling".
Larry O'Connor was convicted of shooting at his cousin's house after pleading not guilty to six charges related to the shooting.
He was found guilty by a jury and sentenced to 12 years' imprisonment by Judge Patrick Meghan at Limerick Circuit Criminal Court in May of last year.
O’Connor (40) with an address at The Lodge, Great National Hotel, Ballykisteen, Co Tipperary, fired two shots using a pump-action shotgun at first cousin Danny Harty’s home and then entered to fire two more shots.
Mr Harty and his partner, Noreen Dooley, and their 10-month-old twins, were asleep in an upstairs bedroom at Deelside, The Quay, Askeaton, Co Limerick, at around 3.30am, on July 13th, 2019.
The court heard that Larry O’Connor was driven to and from the scene by his older brother Daniel O’Connor of Hassett's Villas, Thomondgate, Limerick.
Larry O’Connor fired shots from outside the two-storey house, hitting gutters just above a balcony near the victim's bedroom.
He then broke into the house, firing a shot into the kitchen, hitting a fridge and a window, and fired a shot through a ceiling onto the first floor, where the victims had been asleep.
Larry O’Connor had pleaded not guilty to recklessly discharging a firearm, possession of a firearm and ammunition, aggravated burglary and criminal damage but was convicted by a jury on all counts after a two-week trial.
He was sentenced to 12 years' imprisonment by Judge Patrick Meghan at Limerick Circuit Criminal Court in May 2022.
Daniel O’Connor was jailed for seven years with the final year suspended. He pleaded guilty to one count of burglary with intent to commit the reckless discharge of a firearm during the early stages of the trial.
Garda witnesses said they believed the shooting was linked to “animosity” between the cousins.
Broken relationship
At the Court of Appeal on Friday, Anthony Sammon SC, said prosecuting counsel Lily Buckley BL should not have used the words "bad feeling" in her opening address to describe the background of the incident to the jury.
Mr Sammon said Mr Harty said in his statement of proposed evidence that he "did not know why the O'Connors would do this".
Mr Harty told gardaí that he had a child with Joanne O'Connor, a sister of Larry O'Connor.
Mr Harty told gardaí that this relationship, however, had broken up six or seven years before the incident and that he no longer sees his child.
Mr Sammon said Mr Harty told gardaí: "Why wait for seven years to do something?"
He submitted that the "suggestion of some sort of feud as a motive was extremely tenuous".
Counsel asked why the prosecution would assert that there was an actual dispute when Mr Harty "was interrogating himself on why the shooting took place. There isn't any evidence of a dispute," said counsel.
Mr Sammon said while background evidence is relevant and necessary the thoughts on the motivation from Mr Harty was "extremely tentative" but that this was "being elevated to motivation".
He said the evidential test had not been met and Daniel Harty's thoughts around the motivation were "musings".
"The relevance test is not met by speculation or suppositions of that nature," said counsel. "We're trading in speculation and opinion and only expert opinion is admissible," he said.
Sawn-off shotgun
Mr Sammon said there had also been conflicting evidence in the case, in that Mr Harty said he saw the appellant's face when his scarf slipped down as he was handling the sawn-off shotgun.
Mr Sammon said this conflicted with the evidence of Ms Dooley who said that she had looked out the window while Mr Harty was minding their two children with his back against the door on the other side of the room.
Ms Buckley, for the State, said the court should look at the actual words used at the trial.
Ms Buckley said that in a statement to gardaí, Ms Dooley had said there had been a "bad feeling" between the O'Connors and Mr Harty but that the evidence at the trial turned out to be less than what was in the statement.
Ms Justice Isobel Kennedy said that it was Mr Sammon's submission that this amounted to "supposition on part of the witness" and that it should not have formed part of the opening speech.
Ms Justice Kennedy said it was Mr Sammon's case that the prosecution counsel opened the case on the basis that there was "bad feeling" and this was prejudicial and rendered the trial unfair.
Mr Justice Patrick McCarthy said "bad feeling" was never said in the witness box at the trial.
Ms Buckley said that when Ms Dooley was being cross-examined she brought up another incident relating to the O'Connors.
Counsel said: "No practitioner could do the case without showing these were first cousins with some history."
Ms Buckley said the words "bad feeling" had not been elevated to an inference of motive, nor did it create an unfair trial situation.
He said the word "feud" was never mentioned as a motive in the case.
Mr Justice George Birmingham said the court would reserve judgement.
