A "vulnerable" taxi driver who took possession of a loaded gun handed to him by a criminal in a "moment of madness' has been jailed for three and a half years by the Special Criminal Court.
At the non-jury court on Wednesday, Anthony Walker was described as a “naturally vulnerable” man who had suffered child abuse and drug addiction in his younger years but “was not entirely innocent” when possessing and transporting the revolver in his taxi in 2021.
In December, Walker (54), with an address at Marrowbone Lane, Dublin 8, admitted at the three-judge court to possessing a .38" special calibre Smith & Wesson revolver at Tallaght Road, Templeogue, Dublin 6W, on November 23rd, 2021.
Earlier this month, Walker further admitted to possessing five rounds of .38" special calibre ammunition in such circumstances as to give rise to a reasonable inference that he had not got it in his possession for a lawful purpose on the same occasion.
At that hearing, Detective Garda John Rourke told Caroline Cummings BL, prosecuting, that gardaí were in receipt of information in November 2021 about a crime organisation having possession of a firearm and how they may intend to cause harm to an unknown person.
Gardaí then put in place surveillance on the address of Ryan Kelly (25) of Captain’s Road in Crumlin, Dublin 24.
Kelly was jailed at the Special Criminal Court in January for his involvement in what Mr Justice Paul Burns described as “a sophisticated enterprise”.
Kelly was intercepted on the night in a separate car with three other men who were wearing rubber gloves and snoods and carrying burner phones.
Kelly was jailed for six years after he pleaded guilty to possessing the firearm and the five rounds of ammunition in the gun.
Revolver
Det Gda Rourke said Walker arrived at Kelly’s address on Captain’s Avenue in a black Prius taxi at around 8:45pm on the night and that Kelly was observed passing over an item, which later turned out to be the revolver, wrapped in a blue tea towel.
Det Garda Rourke said armed gardaí stopped the Prius close to the M50 roundabout at 8:55pm.
Ten minutes later, gardaí stopped a Volvo estate taking “exactly the same route” as the taxi and discovered four occupants, all of whom were in possession of “burner” phones, while three were wearing rubber gloves and two were wearing snoods. Kelly was one of the four men and was arrested.
Walker’s phone number was discovered saved on Kelly’s phone as “Anto Taxi” and Det Gda Rourke said calls and messages had been exchanged between the two phones on November 23rd, 2021
Walker had texted “send me the number, nearly there” to Kelly but had claimed he did not know exactly where or to whom he was to deliver the firearm.
Walker was interviewed five times by gardaí and acknowledged his contact with Kelly had taken place over 18 months. However, he said he only realised during the trip that what he was carrying was a gun, which was found in the passenger seat footwell.
Walker told gardaí that he had previously dropped cash and what he suspected was marijuana for Kelly but had no idea he was carrying a gun when it was handed to him.
Det Gda Rourke said Walker had eight previous convictions, mostly for road traffic offences, all of which had been dealt with at District Court level.
At the Special Criminal Court on Wednesday, Mr Justice Paul Burns said the court identified a pre-mitigation headline sentence of five years’ imprisonment for Walker.
Mr Justice Burns then suspended 18 months of the sentence for three years for mitigation present in the case.
Mr Justice Burns said that while Walker did not know what was being handed to him in the car, he knew it was for an illegal purpose.
The judge said Walker had been a taxi driver for 30 years, had shown remorse, had apologised for his behaviour and had feared for his family if he named others involved in the case.
Sophisticated operation\
However, the judge said Walker had carried a loaded revolver “in concert” with other individuals who were using multiple vehicles, one of which was discovered parked in Tallaght displaying false plates, while an accelerant was found in that vehicle.
Mr Justice Burns said that Walker had been involved in “a larger plan involving other individuals” who were part of a “sophisticated” operation.
Mr Justice Burns said Walker’s early guilty plea was of value and had saved both court time and Garda resources.
The judge noted two testimonials handed into the court, one from an elderly neighbour with health issues to whom Walker was “kind and caring” and another from a soup-run group that Walker had been involved in for three years.
Walker had been reared by his grandparents and had suffered physical and sexual abuse in school, noted the judge. The judge said Walker was a “psychologically vulnerable” man who also suffered with Tourettes, obsessive compulsive order, ADHD and had developed facial tics when in school.
Mr Justice Burns said that while Walker was “not entirely an innocent abroad”, he had been assessed as being at low risk of reoffending and that prison would be particularly difficult for him.
He said Walker had “no part in designing” the plan on the night and that his “subservient” possession of the revolver was so that others involved could keep their connection to the weapon “as minimal as possible”.
Mr Justice Burns sentenced Walker to concurrent terms of five years’ imprisonment on both charges, suspending the final 18 months of each for three years during which time Walker is to engage with probation services.
The judge said there had been “exceptional and specific aspects” in mitigation to render the five years’ presumptive minimum sentence to be served an unjust one and said Walker was a good candidate for rehabilitation.
At the sentencing hearing, Michael Bowman SC, for Walker, said his client’s previous convictions were “nothing approaching this level of offending”.
Mr Bowman said Walker had been a taxi driver his whole life and started picking up and dropping off Kelly during Covid when his taxi business was suffering.
Counsel said it had not been the State’s case that Walker had organised the delivery of the weapon or that he even knew what was going on when the package was handed to him
Mr Bowman said his client apologised to gardaí and was remorseful for a “moment of madness”. Mr Bowman said Walker told gardaí: “All I can think about are my kids – it was a moment of madness. I really am remorseful, for whatever good that will do me.”
Mr Bowman said his client has three children, is in a supportive relationship with his partner and was not on Garda radar at the time of the offence.
Counsel said his client had complied with all terms and conditions of his bail since the incident but had reported to gardaí that windows of his car and house had been smashed in the interim, “which he [Walker] says is directly related to this”.
