Burglar shooting could fall under new homeowners law
The thief was part of a gang of three which entered Gerry Kennedy’s business premises — described as being adjacent to his home — in Co Longford at about 6.30am.
Mr Kennedy armed himself with his shotgun, approached the burglars, and ordered them to leave.
A confrontation ensued outside the premises during which Mr Kennedy opened fire, injuring one of the burglars.
His actions come just a month after legislation was passed which gave a more extensive level of legal protection to homeowners using force to protect themselves and their home.
The Criminal (Defence and Dwelling) Act 2011 allows people to use reasonable force to protect not just themselves and others from assault in their home, but also to protect their dwelling. It is not clear whether or not the law covers an adjoining business premises. The act said its provisions refer to a dwelling and its “curtilage”.
Curtilage is defined as “an area immediately surrounding or adjacent to the dwelling which is used in conjunction with the dwelling, other than any part of that area that is a public place”.
Gardaí said the three men had entered the business premises — a furniture factory — outside Killoe, Co Longford, before 6.30am.
Mr Kennedy woke when he heard noise from the factory. It is understood that when he confronted the men, the argument moved outside the premises.
It is not clear where the exact location of the shooting was in relation to the man’s home.
Speaking on RTÉ yesterday, Inspector Paul Cuttle of Longford Garda Station said: “He confronted them at the time. In the course of the confrontation there was a firearm discharged.
“One of the males received injuries. He’s now being treated in Midlands Regional Hospital in Mullingar for non life-threatening injuries.”
A major search operation was put in place to locate the other two men. Assisted by the Air Support Unit, gardaí arrested one of them driving a van on the main N4 Edgeworthstown to Dublin road.
The third man was eventually stopped by gardaí about 15km away in the village of Ennybegs.
The three men, all aged in their 20s, are thought to be from north Dublin.
Insp Cuttle said the owner and his family were recovering: “As you can appreciate they are very traumatised by the event. It is very unpleasant for any family. We are liaising with them and working with them in relation to this incident.”
