Man defending himself changes pleas to guilty

The trial of man charged with shooting publican Charlie Chawke during an armed robbery was dramatically halted at Dublin Circuit Criminal Court after he changed his plea to guilty on all counts.

Frank Ward (aged 51) of Knockmore Avenue, Tallaght was on trial on five charges arising out of the robbery and shooting of publican Charlie Chawke at his public house, the Goat’s Inn, Dundrum, on October 6, 2003.

He pleaded guilty on the afternoon of the second day of his trial to 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.

Judge Patrick McCartan told Ward that he had taken "a sensible attitude in light of the evidence that was emerging" and remanded him in custody for sentence in two weeks time.

Judge McCartan discharged the jury, thanking them for their time, after they had heard evidence from Mr Chawke and several Garda witnesses who identified him as the man they had pursued after the shooting.

Pleas of "not guilty" had been initially been entered on his behalf to all the charges following a refusal by Mr Ward, who was defending himself, to plead on the grounds that he believed he was illegally before the court.

Wards co-accused, Larry Cummins (aged 54), was given a 15-year sentence in July 2006 for his role in the offences.

Mr Patrick McCarthy SC (with Mr Fergal Foley BL), prosecuting, in opening the case told the jury that the men had acted in joint enterprise in the "well planned and organised operation."

Mr Chawke told Mr Patrick McCarthy SC (with Mr Fergal Foley BL) that he was getting into his silver Mercedes outside his premises at The Goat Grill with a bag containing cash and cheques from a number of his premises when he noticed in the drivers mirror two men running towards him from a red Volkswagen.

He said the man who got out of the drivers side had a shotgun hanging from his shoulder on a strap.

This man opened the drivers door of his car with the gun pointing downwards and said: "give me the f***ing money".

Mr Chawke said that he saw an opportunity and "dived" for the gun but missed and fell to the ground.

He said the man told him: "you are a f***ing smart ass" before he took aim from a distance of 12 inches and "blew my knee away".

Mr Chawke said he was taken to hospital where his right leg was amputated five days later.

Mr Chawke denied during cross examination by Ward that he had "as a businessman" sought to use the situation to take advantage of an "ODC".

Mr Ward defined "ODC" to Judge McCartan to mean "ordinary decent criminal".

Garda Nigel Burke told Mr McCarthy that he was in patrol car stopped at traffic lights outside The Goat Grill when he heard a load bang. He saw a man running away from a person lying on the ground beside a silver car.

He said he ran after the man who got into the drivers seat of a red car and grabbed him in a "bear hug".

Gda Burke said he heard this man, Ward, shout "shoot the c**t" to Cummins in the passenger seat who pointed a gun at him and Gda Burke backed off.

Gda Burke said before the red car fled the scene his colleague Garda David Sweeney was able to break the rear window with his baton.

He said they began a pursuit of the car through the Stillorgan area until it entered a cul de sac at Stillorgan Heath. Cummins pointed a gun at the patrol car through the broken window but no shots were fired.

Gda Burke said the Garda car stopped some distance away as the two men exited the red car. He said they both turned to face the patrol car with shotguns raised.

He said Ward fired at the patrol car shattering the front windscreen before both men ran down a laneway.

Gda Burke said he and Gda Sweeney chased the men down the laneway meeting a group of screaming school girls running away and a man on a push bike.

Gda Sweeney told the jury that he took the bike off the man and continued to chase the two men. He said he saw the men pushing the shotguns through a fence and when he rounded a corner he saw the two men standing in bushes.

He said he arrested the men with the assistance of Gda Burke and the cyclist and handcuffed the men together.

Gda Sweeney denied during cross examination by Ward that he believed in "noble cause corruption".

Ward told Judge McCartan that this was a concept whereby it was permissible to fabricate evidence to secure conviction.

Sergeant Michelle Gettings told Mr McCarthy that she was the driver of the patrol car that pursued the red Volkswagen. She said that she was "in fear of my life" when Ward fired on the patrol car.

She said she saw a "spark" in front of her face when the pellets hit the windscreen and ducked down.

She denied a suggestion by Ward during cross examination that she would lie under oath to secure a conviction.

When asked by Ward if she could be mistaken in her identification of him and why he had not been asked to take part in an identification parade for this purpose she told him: "You were caught red handed".

Ward made a number of applications that were rejected by Judge McCartan. These included an application to have Mr Chawke’s statement ruled inadmissible, an application to have the robbery charge struck out, that the shotguns were retrieved by gardaí illegally and that his arrest was illegal.

Cummins was given a 15-year sentence in July 2006 by Judge Frank O’Donnell who described the crimes as "cold, calculated and callous".

Judge O’Donnell praised the members of the gardaí who had apprehended Ward and Cummins as displaying "tremendous courage".