Man found with Uzi found guilty of firearms charge

A 29 year-old man who was caught with an Uzi submachine gun during a garda chase was today found guilty of firearms and ammunition offences by the Special Criminal Court in Dublin.

James Martin Cahill, formerly of Birmingham but now of no fixed abode, had denied the unlawful possession of a 9mm parabelum Uzi submachine gun and 15 rounds of 9mm ammunition on March 21, 2003 at Garter's Lane, Saggart Co Dublin, contrary to s27A of the Firearms Act.

The court had heard that the Uzi submachine gun –a weapon normally used by the Special Branch –was inside in an open hold all on the front passenger seat of James Cahill's stolen Peugeot car.

Anti-terrorist detectives, who had him under surveillance as he arrived at the Quality Hotel, recovered the gun after a car chase during which Cahill rammed the garda car.

Gardaí gave evidence of wedging the Peugeot between the patrol car and a stone wall to force him to stop.

Detectives then broke the glass on the driver's seat and recovered the gun.

In evidence, Graham Dunne, of Edenderry, Co Offaly, admitted giving Cahill the holdall containing the gun and ammunition but claimed James Cahill was unaware of its contents.

The evidence was that Dunne and Cahill had arranged to meet at the hotel where Dunne was booked in under a false name.

He is currently serving five years after earlier pleading guilty to the same offences.

Convicting the accused, Mr Justice Richard Johnson, presiding, said the court was satisfied beyond reasonable doubt that the bag was lying open on the seat - not closed - as the accused claimed.

The court accepted the evidence of a number of garda witnesses of the presence of fragments of glass inside the holdall, indicating the bag was open at the time of seizure.

In that regard, Mr Justice Johnson continued, "the court is satisfied beyond reasonable doubt" that the gun and ammunition was visible to the accused and the court could therefore draw the inference that he had the necessary knowledge and control of the gun.

The court also dismissed the evidence of Graham Dunne as "completely unreliable" and as such, would attach no weight to it.

Mr Justice Johnson also pointed to the "nature of the weapon and ammunition" and said the accused could not have had them in his possession for a lawful purpose.

Before judgment was delivered, the accused asked, through his counsel, to address a court on a previous statement to which the judge replied: "case closed".

Sentence was adjourned until May 7.