A jury in a Dublin murder trial has heard that when gardaí went to search one of the accused’s home, he was found to be holding a pump action shotgun.
Detective Sgt Michael Doyle told prosecutor Mr Sean Guerin BL that when he looked through the kitchen window, he saw Brian Kenny holding a pump action shotgun. Det. Sgt Doyle said he pointed his authorised firearm at Mr Kenny and said: "Armed gardaí, drop the gun".
Mr Kenny, aged 36, of Kilshane Cross, Finglas, Co Dublin and Mr Thomas Hinchon, aged 25, of St Ronan’s Close, Clondalkin have denied the murder of 25-year-old Dubliner Jonathan O’Reilly of St Mark’s Gardens, Clondalkin on April 17, 2004.
Mr Kenny also pleaded not guilty to threatening to kill Joseph O’Callaghan on April 17, 2004 at Finglas, Dublin.
Mr Kenny denies the possession of a firearm, a Berratta single automatic shot gun on May 10, 2004 at Michelstown Cottage, Kilshane Cross, Dublin.
He also pleaded not guilty to possession of ammunition on the same date. Mr Hinchon pleaded not guilty also to threatening to kill Joseph O’Callaghan on April 17, 2004.
It is alleged by the State that the deceased man was shot outside Cloverhill prison as he sat in a BMW car. A motorcycle drew up beside the car and a number of shots were fired through the car glass and struck Jonathon O’Reilly, mortally wounding him, the State alleges.
Detective Sgt. Doyle, attached to the district detective unit at Ronanstown Garda Station told the jury that on May 10, 2004, on foot of a search warrant he went to one of the accused’s house at Kilshane Cross in north county Dublin.
Accompanied by colleagues, Det. Sgt Doyle arrived at Mr Kenny’s home at 7.50am wearing a flak jacket with "Garda" sign written on the chest.
He told the court that he went to the side of the house and looked through the kitchen window, he saw Mr Kenny holding a pump action shotgun. Det. Sgt Doyle said he pointed his authorised firearm at Mr Kenny and said: "Armed gardaí drop the gun".
Mr Kenny, he said, placed the gun on the floor and opened the door to the gardaí. Det. Sgt Doyle told the court he arrested Mr Kenny under section 30 of the Offences against State Act before cautioning him for possession of a firearm.
The court heard Mr Kenny was taken to Ronanstown Garda station where he was later arrested and charged with the alleged murder of Mr Jonathon O’Reilly.
Det. Sgt Doyle told the court Mr Thomas Hinchon was also arrested under section 30 of the Offences Against the State Act before later being arrested and charged with the alleged murder of Mr O’Reilly.
Under cross examination by defence barrister Mr John Phelan SC, Det. Sgt Doyle said he was authorised to carry a .38 revolver saying: "It’s the only gun I’ve ever held."
When asked by Mr Phelan SC did all detectives carry firearms, Det. Sgt Doyle said: "Most detective who qualify can carry firearms." The defence barrister added that the "notion of the Garda Siochána not being unarmed is a myth" to which Det Sgt Doyle said the majority of gardaí are unarmed.
Detective Tom Carey attached to the ballistics section of the gardaí said the single bullet removed from the deceased more than likely was discharged from a .38 calibre revolver.
The firearm recovered by gardaí from Mr Kenny at his home at Kilshane Cross, Det. Carey said, was a single barrel semi automatic shot gun made by Berretta manufacturers in Italy.
When recovered, he said, the shotgun had a live cartridge in the chamber with three similar cartridges in the magazine of the firearm.
The trial continues before Mr Justice Michael Peart.