Man shot in pub sentenced to five years

A garda bullet was fired through the hand and stomach of a man waving a loaded sawn-off shotgun in a Cork city pub last April and today this man was jailed for five years.

Anthony O’Leary, aged 38, of 3 Liam Healy Road, Fairhill, Cork, was looking for vengeance on the day against the publican and his family as O’Leary’s uncle died after he was forcibly removed from the pub in March 2008.

O’Leary who pleaded guilty to having the weapon at Mo Chúisle public house on 40 Blarney Street, Cork, on Friday May 21, apologised, and accepted the gardaí from the Regional Response Unit did no wrong on the occasion by shooting him.

Detective Sergeant Denis Cahill said, “Armed gardaí arrived two minutes after Mr O’Leary entered. They could see a man waving a shotgun. Such was their concern they decided to intervene before back-up arrived. Two members of gardaí entered with firearms drawn. O’Leary had his back to them. They called out to drop it. He turned around. Initially it was held by his right hand side. He could be clearly seen on CCTV pointing it in the direction of the two gardaí. They had no choice but to discharge one single shot at Mr O’Leary causing him to drop his firearm. The shot went through one of his hands and his lower abdomen.”

Judge Con Murphy said it was fortunate nobody was killed on the day and that it was a textbook case in how gardaí should act in such circumstances.

O’Leary wrote to the Garda Ombudsman after his recovery saying the gardaí did nothing wrong and he would be making no complaint.

The main charge was one of having in his possession a firearm, namely a Baikal double-barrel sawn-off shotgun loaded with two cartridges with intent to endanger life, cause serious injury or damage property at Mo Chúisle public house on May 21.