Judge suggests evidence he heard ’might as well have appeared in a Love/Hate script’
A Dublin man given a 20-year sentence for the attempted murder of his lifelong friend, in a case that "might as well have appeared in the Love/Hate script", has withdrawn his appeal against sentence shortly before it was due to be heard.
Patrick McCann (24) of Decies Road, Ballyfermot, Dublin 10, pleaded guilty to the attempted murder of Luke Wilson (19) at Liffey Gaels, GAA club, Memorial Park, Inchicore on January 13, 2013.
He also pleaded guilty to possession of a firearm with intent to endanger life on the same occasion.
The Central Criminal Court heard the two men met up in The Memorial Park in Inchicore over a firearm, which the court heard was not the subject of this case.
The court heard that Mr Wilson was shot in the arm, neck and face but escaped injury because the gun jammed twice and McCann ran off.
In sentencing Mr Justice Paul Carney said the case “might as well have appeared in the Love/Hate script”.
“I have a priority here that not everyone may agree with,” said Mr Justice Carney.
“Last weekend over one million people tuned into the last episode of Love/Hate and the following morning something which might as well have appeared in the Love/Hate script was poured out in a sentencing hearing in this court,” he said.
“It is not going to go out from here that figures in gangland can have an assassination carried out by preying on somebody vulnerable in the expectation that if the enterprise fails there will be great leniency extended on account of that person’s vulnerability,” he added.
Mr Justice Carney handed down a 20-year sentence and suspended the final three years of it.
He said that McCann’s background of dependence on drink and drugs since the age of 12 and that he came from a dysfunctional family afforded little or no defence.
McCann was due to appeal against the severity of his sentence today.
However, at the call over of cases in the three-judge Court of Appeal, Mr Justice George Birmingham remarked that McCann should be aware of the full range of powers available to the court.
Mr Justice Birmingham said it appeared that a sentence that ought to have been made consecutive by statute, wasn’t made consecutive.
After taking instructions, barrister Keith Spencer, for McCann, said his client wished to withdraw his appeal.
During evidence Detective Sergeant Michael O’Brien told the court that Mr Wilson had made an arrangement to meet McCann that day at the Memorial Park.
Det Sgt O’Brien said McCann and Mr Wilson knew each other “since they were in nappies.”
When they met in a secluded area of the park Mr Wilson said McCann was rooting around in the bushes and noticed he was quite jumpy.
He said they decided to walk back to a footbridge and that McCann was fiddling around in his jacket and took out a gun.
One shot hit Mr Wilson in the neck and he fell to the ground and then McCann shot him in the right arm.
Mr Wilson said he then felt another shot and could hear ringing in his head.
He said McCann was standing over him when he was shot in the arm and head.
Mr Wilson said McCann went to shoot him again but heard the gun jam.
He said McCann was bent over him and it felt like he was searching his pockets before he took off.
McCann dropped his mobile near where Mr Wilson lay and he rang ‘999’ on it believing it was his own phone.
Mr Wilson told emergency services he was shot and he thought he was going to die.
He dragged himself to a nearby footbridge and a jogger came to his aid.
Mr Wilson was brought to St. James’s Hospital and later to the Eye and Ear Hospital for treatment.
He initially did not name McCann as the individual who shot him but later told gardai who did, the court heard.
Prosecution counsel, Paul Carroll SC, said Mr Wilson did not want to provide a victim impact statement to the court.
Mr Carroll told the court that a medical report said Mr Wilson had wounds to his face, neck, right forearm and that bullet effectively destroyed his right eye, which was completely gone.
The court heard he had associated cerebral stroke, palsy in his right arm, permanent scars, damage to vertebrae and may require further surgery.
McCann was nominated as a suspect in the case and was arrested in Ballyfermot that day, the court heard.
Det Sgt O’Brien said there was strong support to connect McCann to the shooting of Mr Wilson because of firearms residue and it was also part of the prosecution’s case that the phone call to emergency services was made on his mobile.
When interviewed McCann denied any knowledge of the shooting or that he was involved in it and when it was put to him about the gun residue he persisted in his denial.
The court heard McCann had previous convictions for possession of drugs and sale and supply of them for which he received 12 months probation.
He also was sentenced to two years in jail for theft and aggravated burglary but was on bail when the shooting of Mr Wilson was committed.
Mr Carroll said the Director of Public Prosecutions submitted that the offence was at the higher end of the scale.
Det Sgt O’Brien agreed with Mr Padraig Dwyer SC, defending, that McCann had a drug problem and was intellectually challenged.
McCann said he was asked to carry out the shooting because of his outstanding drug debt and was in fear, Mr Dwyer told the court.
A report before the court stated that McCann was threatened he would be shot if he did not shoot Mr Wilson.
“This was a person who committed this offence over concerns he had for his own well being,” said Mr Dwyer.
He said his client came from a decent family but had trouble throughout his whole life.
He said McCann was left with his paternal grandparents when he was eight and later with his uncle. The court was told he was present when he uncle died.
Mr Dwyer said McCann lost his child last year due to a late miscarriage at 26 weeks.
He said his client was using drugs and alcohol since he was 12 years old.
Mr Dwyer said the aggravated burglary related to the theft of two bottles of vodka from an off-licence.
