Corkman living 'blemish-free existence' granted shotgun licence despite Garda objection

The garda refused the initial application because the 27-year-old failed to disclose a matter in court from when he was 18 years old

Judge Marie Keane said: “I am satisfied that Cian McCarthy is a person of suitable character to obtain a firearms certificate in circumstances where he is living in a rural place, is a member of a gun club and is familiar with the rules surrounding that. "File picture: Larry Cummins

A young man living “a blemish-free existence” was successful in his appeal for a shotgun licence despite the refusal by his local Garda Superintendent on the grounds of public safety.

Judge Marie Keane said: “I am satisfied that Cian McCarthy is a person of suitable character to obtain a firearms certificate in circumstances where he is living in a rural place, is a member of a gun club and is familiar with the rules surrounding that.

“I am familiar with these gun clubs which provide a very important facility in rural areas in terms of social engagement.” 

Superintendent Ronan Kennelly refused the initial application by the 27-year-old man from an area outside Carrigaline, County Cork — because he failed to disclose a matter in court from when he was 18 years old. 

He was prosecuted back on that occasion for having a small amount of cannabis in his car for his own use but was given the benefit of a dismissal under the Probation of Offenders Act.

The young man’s solicitor, Colm O’Rourke, said Mr McCarthy did not believe it was a conviction as he had been given the benefit of a dismissal under the Probation of Offenders Act in Bandon District Court in relation to the May 2014 incident. So he did not think it had to be disclosed in his application for a firearms cert. 

Mr O’Rourke also said the application was filled out by Cian McCarthy without legal consultation. The solicitor said there was a certain amount of “innocence and naivety” in the young man’s approach to the application.

In relation to a round of live ammunition in his car at the time almost 10 years ago, that did not result in any charge being brought against him and he was only prosecuted for having the small amount of cannabis, for which he got the dismissal under the Probation of Offenders Act.

Supt. Kennelly expressed concern that the applicant for the licence had not disclosed the Bandon District Court matter from when he was aged 18, and had not explained the round of ammunition then or since. The young man said at the time, and repeated in court now, that he didn’t know how the round got into the car.

The superintendent believed the defendant showed a lack of integrity and maturity which formed grounds for his refusal to grant the firearms cert in terms of public safety.

'We all make mistakes'

The young man’s neighbour, Gerard O’Keeffe, said he had given the young man permission to shoot on his land and that he was keen to have vermin controlled on his land.

Mr O’Keeffe said of the young man: “He is a very genuine person. He has matured. I find him a very decent, honest person… We all make simple mistakes in life and we say sorry. Why should you be kicked around later on in life because of it? I have never come across a more gentle, polite person.” 

Mr O’Rourke, solicitor, said Cian McCarthy was well regarded in his community and his workplace and would be a suitable person to hold a firearms cert. Judge Keane agreed and granted the licence to him, saying that since he was 18, “he has effectively lived a blemish-free existence”.