Cork 'family was in terror' due to feud when they fired a gun during garda raid, court told

Judge Helen Boyle said she would consider all matters and impose sentence on February 24

Tom Creed for James Keenan (pictured) said:  “He pleaded guilty at an early stage. Other exceptional and specific circumstances are that the Keenan family were greatly in fear of the McDonaghs. This family was in terror." File picture

The Keenan family were living “in terror” when they resorted to extraordinary and illegal measures to defend themselves from another family in a feud.

That was how the defence categorised the actions of a 56-year-old father and three of his adult sons. James Keenan said the feud with the McDonaghs is now over.

“Now if there were any difficulties he would go straight to An Garda Síochána rather than take the law into his own hands,” Tom Creed senior counsel for James Keenan said on the second day of the sentencing hearing at Cork Circuit Criminal Court.

Detective Inspector Daniel Coholan was cross-examined by defence lawyers at Cork Circuit Criminal Court on the second day of the sentencing hearing related to the events that transpired on and before the garda raid on their home at dinner time on Thursday April 29, 2021.

56-year-old James Keenan from Ennis, County Clare, and living at Island View, Rochestown Road, Cork, is a father of 10. He pleaded guilty to possession of a firearm – an improvised shotgun - to endanger life, possession of explosives, ammunition and assault causing harm to Garda Hennebry.

Peter Keenan admitted possessing the firearm in suspicious circumstances and having ammunition and explosives. John Keenan of Glengarriff, County Cork, admitted possession of the improvised shotgun and cartridges in suspicious circumstances. Michael James Keenan of 1 Island View, Rochestown, Cork, pleaded guilty to having a firearm in suspicious circumstances.

Tom Creed SC for James Keenan, 56, said: “Gardaí were aware of a feud between the Keenans and McDonaghs at the time… Gardaí were aware of the potentiality for further violence… 

Tensions were high… This was a serious feud – it was not something gardaí took lightly… James Keenan told you he was in fear of the McDonaghs.

Detective Inspector Coholan agreed with all of those propositions.

Mr Creed said: “He feared it was the McDonaghs and not the gardaí arriving at his house. Slight difference of opinion exists as to when he became aware it was the guards. The shot hit the door. Garda (Emma) Hennebry suffered bruising to her arm and he apologised when he was arrested.

“He pleaded guilty at an early stage. Other exceptional and specific circumstances are that the Keenan family were greatly in fear of the McDonaghs. This family was in terror. They (the Keenan family) went to extraordinary and illegal lengths that put lives in danger because he (James Keenan) was in fear of his life.

“He is on medication for anxiety. He has no previous conviction under the Firerarms Act or Offences Against State Act or Criminal Justice (Terrorism) Act,” Mr Creed said.

Alice Fawsitt SC for Peter Keenan, 28, said he also had no convictions under any of those acts. She said: “The time between the entry of gardaí into the premises and discharge of the firearm (by James Keenan) was about a minute. Peter Keenan was in the kitchen and was in fear.” 

Det. Insp. Coholan said: “Peter Keenan was holding a shotgun by the barrel. It was pointed downwards to the ground. It appeared that he was readying the gun.” 

Ms Fawsitt said: “He had taken out the cartridge. The gun was never raised.” Det. Insp. Coholan said: “If it was raised, there might have been a different outcome.” 

Ms Fawsitt said of Peter Keenan: “He walks out towards the gardaí. He is forced to the ground and dragged out of the building… There is a fairly thorough emptying of the house as soon as the gardaí entered.”

Ms Fawsitt asked for sentencing to adjourn for one year to give him an opportunity to reduce his risk of re-offending. She said he had made numerous expressions of relief now that the feud is over.

Seamus Roche SC for Michael James Keenan, 20, said this defendant was not in possession of any weapon on the day. “In actual fact he took fright and ran out the back,” Mr Roche said. Det. Insp. Coholan said: “Yes, he tried to escape. From April 22 to the day of the search on April 29, he is seen on CCTV handling petrol bombs.”

Mr Roche SC said: “He was 19 at the time. This is the family home. Michael James had no previous convictions. He left school early.” Mr Roche also sought a one-year adjournment of sentencing to prove that he is low risk of re-offending in light of the fact that he has no previous convictions.

“He has some learning difficulties and is effectively on disability. He expressed himself as ashamed to the probation officer,” Mr Roche said.

Ray Boland SC for John Keenan, 26, said the defendant was unarmed on the day. Evidence of him in possession of a shotgun was taken from the Keenan’s own CCTV footage and his DNA was on a single shotgun cartridge. On the day he raised his hands and co-operated.

“There is a very positive probation report. He and his family moved down to West Cork to get away from this difficulty and has not come to any further attention. I would also ask for a one year-adjournment for him to continue on the good path he is on.

“There is not a scintilla of evidence of a common design. He was in a separate room from James Keenan. When asked to come out he came out with his hands up. It was in the context of protecting themselves. A different view can be taken than if they were caught with these weapons on their way to the McDonaghs (instead of being in their own home),” Mr Boland said.

Judge Helen Boyle said after hearing the defence submissions – and the prosecution evidence last week – that she would consider all matters and impose sentence on February 24.