Eight years for criminal who threatened garda

A convicted criminal who is serving a six years prison sentence for threatening the life of a member of a rival group who was later shot dead in a gangland killing, has been sentenced to eight years for threatening a garda.

Michael Neeson (aged 34), of Coultry Drive, Ballymun pleaded guilty at Dublin Circuit Criminal Court to threatening to cause serious harm to Sergeant Cormac Brennan on September 28, 2005, intending him to believe the threat would be carried out.

He also admitted to threatening to cause serious harm to Raymond Pintos and members of his family and possession of a pump action shot gun in suspicious circumstances on July 30 and October 3, 2005.

Judge Katherine Delahunt imposed a consecutive term of eight years and suspended the last two years on condition that Neeson keep the peace and be of good behaviour for five years upon his release from custody.

She said she was satisfied that Neeson was associated with a group of people who were involved with feuding in the area but accepted that this has since been resolved.

She also took into account that a psychiatric report before the court indicated that Neeson had made "significant changes to his demeanour since his incarceration".

Judge Frank O'Donnell jailed Neeson for six years in July after being found guilty by a jury of making a threat on July 3, 2005 to Garda Adrian Mulligan that he would cause serious harm to Ian McConnell, intending Gda Mulligan to believe that that threat would be carried out.

Neeson told Gda Mulligan: "He got off lightly the last time. He only got a few pellets. I'll lift him off his feet with a pump action. If you don't release me there will be gang warfare and you don't want one of your own to be in the line of fire."

Mr McConnell (aged 28), of Shangan Road, Ballymun was shot dead outside the door of his first floor flat shortly after 5am on Sunday, December 11, 2005.

It was the second time he was the target of a shooting and his death was the 19th gangland killing in 2005.

Judge O'Donnell said he was satisfied from garda evidence in the case that the killing had nothing to do with Neeson but noted it was not accepted "that Neeson was just mouthing off" but rather that he was "issuing serious threats against a background of simmering criminal warfare in the community".

Detective Garda Cathal O'Toole told Judge Delahunt that he called to Neeson's home in June 2004 to investigate an allegation of assault Mr Pintos made against him. This allegation was never prosecuted.

When gardaí informed Neeson of this he said: "The fucking prick should be dead. His whole family should be dead. You don't know what's going on but you'll see when I get them that this is only the beginning."

Sgt Oliver Henry said that Sgt Brennan heard Neeson say to him "two bang bangs in the head" when the sergeant was standing in the round hall of the Four Courts having just given evidence in the High Court in relation to an associate of Neeson's.

He believed this to mean that he would be shot in the head and believed that Neeson would be capable of carrying out these threats.

Neeson was found in the Ballymun area in October of that year holding a pump action shot gun behind his back while having a "heated argument" with his wife.

He claimed during a subsequent garda interview that he was planning to use the gun on himself but as he was wearing a bullet proof vest at the time, gardaí didn't believe this explanation.

The gun was later analysed and found to be fully functional but it wasn't loaded at the time.

Sgt Henry agreed with Mr Breffni Gordon BL, defending, that his client was known in the area for being very vocal and had a tendency "to fly off the handle".

He accepted that Neeson was also a regular user of drugs at the time.

Mr Gordon said his client has suffered two traumatic incidences since being sent to prison.

He was taken to the Mater Hospital after he was found unconscious in his cell. He was referred to a psychiatrist after he was considered to be "a very serious risk" and has since been on medication.

He was transferred to another part of the prison for his own safety after he was slashed because he sat in the wrong place while his wife was visiting him and prevented the completion of a "transaction of an illegal nature".

Mr Gordon said that his client expresses remorse for what happened and a psychiatric report before the court indicated that he longer posed a threat to society.