Charlie Chawke shooter's accomplice jailed for 15 years

A "career criminal" has been jailed for 15 years at Dublin Circuit Criminal Court for his role in the robbery which led to the shooting of publican Charlie Chawke during an armed robbery at his premises.

Judge Frank O’Donnell described the crime which resulted in the amputation of Mr Chawke’s right leg as "cold, calculated and callous" and complemented members of the gardaí who apprehended the defendant and his accomplice showing "tremendous courage".

Judge O’Donnell said 54 year-old Cummins had spent many years of his life in prison and had 65 previous convictions, including an eight-year sentence for robbery.

The final two years of today's 15-year sentence were suspended having regard to Cummins’ poor health and the fact that he would "in theory" be near 70 when released.

It was accepted that Cummins’ accomplice was the person who pulled the trigger but Judge O'Donnell said that in law Cummins was "just as culpable" and "knew full well" that the weapon would be used.

Judge O’Donnell said the incident had "all the hallmarks of a well-planned, if not well-executed, crime" and suggested that Mr Chawke must have been watched before the robbery.

"You did not just happen upon him," he said to Cummins.

A victim impact report revealed that Mr Chawke’s life had "dramatically changed" and that he has a permanent reminder of the events of that day. Mr Chawke said in the report that he "had to get on with life and make the best of things".

Mr Brendan Nix SC, defending, said his client "deeply regrets the injury wrought on Mr Chawke" and did not intend for anyone to be hurt. Mr Nix said Cummins thinks about his victim every day.

Cummins (aged 54) of Mellows Road, Finglas was found guilty by an unanimous jury of intentionally causing serious harm to Mr Chawke, robbery of €48,652 in cash and cheques, possession of a shotgun with the intention to commit robbery and two counts of possession of a shotgun with the intention of resisting arrest at The Goat Grill, Goatstown and Stillorgan Heath on October 6, 2003.

The jury had heard that Mr Chawke got into his car outside the pub around lunchtime with a bag containing cash and cheques. He said a man holding a shotgun approached his car, opened the door and demanded the bag. Mr Chawke grabbed for the gun but missed and the raider took aim and fired a shot into his right knee. His leg was later amputated.

This man was not Cummins but his accomplice in the joint enterprise who has yet to come before the court. Cummins failed in an attempt to call this man as a witness for the defence and Judge O'Donnell remarked that to have done so would have destabilised due process and "created a circus-like atmosphere".

A garda patrol car driven by Garda Michelle Gettings had stopped at lights outside the pub at the time of the shooting. Passengers, gardaí Nigel Burke and David Sweeney, ran to the scene and struggled with the man as he ran back to his car. They backed off as Larry Cummins pointed a shotgun at them.

Garda Sweeny smashed the rear windscreen of the raiders’ car as it sped off. Garda Gettings told the jury how she had feared for her life and those of her colleagues as a shot was fired at her patrol car following a high speed chase through a number of housing estates and into a cul de sac at Stillorgan Heath.

The raiders ran down a laneway pursued by gardaí Burke and Sweeney. Garda Sweeney told the jury he took a mountain bike from a passing member of the public and continued to chase the men. He found them hiding in bushes and arrested them with garda Burke’s assistance.

Judge O’Donnell said Cummins refused to cooperate from the start and had "handcuffed" his defence team during his trial when he instructed Mr Nix not to cross examine any witness or object to any evidence put before the court.

Mr Nix said Cummins was addicted to heroin at the time of the robbery and while he had agreed to go along with his accomplice he had "withdrawn his consent" to the actions taken on the day. Mr Nix said his client did not fire his weapon at any stage and remained in the car while Mr Chawke was shot.

Judge O’Donnell refused Mr Nix’s request for leave to appeal both conviction and severity of sentence but allowed a certificate of legal aid in the event of leave being granted.