Suspect threw gun in flowers as he fled — (

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Brian Kavanagh

23 March 2013 10:40 AM

A DUBLIN man who threw a fully loaded revolver into flowerbeds while being pursued by gardai has been jailed for five years at the Special Criminal Court

Stephen Fogarty (32), of Corduff Close, Blanchardstown, had pleaded guilty to the unlawful possession of a revolver and six rounds of ammunition at Cloncourt, Main Street, Clonee, Co Meath, on August 8, 2012.

Detective Insp William Hanrahan told Garnet Orange, for the State, that on the date in question gardai went to the Clonee House pub after receiving information that members of an illegal organisation had possession of a firearm and were planning to carry out “activities” in the Clonee area.

He said Fogarty was observed in the smoking area of the pub wearing a black top with the hood pulled over his head, sunglasses and blue surgical gloves.

Det Insp Hanrahan said that when gardai approached Fogarty, he pushed one of the officers out of the way and “sprinted” from the car park, down Clonee main street towards the Cloncourt apartment complex, where he was observed throwing the firearm from his hoody into some flowerbeds.

Det Insp Hanrahan said gardai did not believe Fogarty’s explanation that he had found the revolver while out fishing.

He told Mr Orange that Fogarty had 15 previous convictions, including robbery, burglary and the misuse of drugs.

Defence counsel Mr Patrick Gageby told the court that Fogarty was on antidepressants, and had substantial drink and mental health problems.

He said that Fogarty was determined to spend his time in custody in a “fruitful way”, and reminded the court of Fogarty’s early guilty plea.

Mr Justice Butler, sitting with Judge John O’Hagan and Judge William Hamill, said the court considered seven years to be an appropriate sentence, but would reduce this to five years because of the guilty plea.

The sentence would be backdated to August 8, 2012, when Fogarty first entered custody.