Kerry fireman spared jail for starting fire he was paid to put out

Mon, 17 Jan, 2022 - 14:55

Anne Lucey

A Kerry fireman has received a seven-month suspended jail sentence for starting a fire on State-owned land that he was paid to put out.

David Ahern, aged 37, a member of the Killorglin Fire Service, had contested the charge of criminal damage by arson in an area of bogland off the main Ring of Kerry road, on April 13, 2020.

Ahern of St James Gardens, Killorglin, had also denied that he dishonestly, by deception, induced the fire service department of Kerry County Council to pay him €151.04 for attending a fire at Cromane Upper, Klilorglin, to make a gain for himself contrary to Section 6 of the Criminal Justice (Theft and Fraud) Act, 2001.

He was convicted of the arson charge, but acquitted of the deception charge, at a sitting of Caherciveen District Court in December.

At the sentencing hearing held in Tralee on Monday, his solicitor Brendan Ahern said his client maintained his innocence.

The solicitor asked that the ultimate sanction not be applied, given that Ahern had no previous conviction.

There had been a lot of publicity and this had been difficult for his client and his family, the solicitor said.

The solicitor also said there had been no major damage in terms of financial loss and this was “not private property”.

David Ahern is a father of two young children and in a stable relationship, the court also heard. He had been suspended from the fire service since he was charged with the offence.

Maintaining his innocence

And while he respected the decision of the court “he maintains his innocence”, the solicitor said.

Judge David Waters said he was "more than satisfied" that David Ahern was guilty of the offence he was convicted of. The main mitigating factor was his lack of previous convictions, given his age, the judge said.

There was some intention to make a gain for himself, Judge Waters said and he referred to the “cynical nature of the crime”.

There was “a serious breach of trust” and it was “a serious matter”, Judge Waters said.

However, he said he would suspend the sentence on David Ahern’s own bond of €600, he said.

The court, in Caherciveen in December, heard how David Ahern was one of a crew of nine who attended the scene to put out a fire on Easter Monday 2020.

Around 1.5 acres of State-owned land was burnt.

The case heard from a number of witnesses, recordings of 999 calls, and stills from a CCTV camera attached to a private house

Payroll costs

Chief fire officer in Kerry Andrew Macilwraith said the payroll cost of dealing with the fire amounted to €1,500; there was double time for bank holidays for firemen and Mr Ahern had been paid €151.04, Mr Macilwraith outlined.

Garda Sergeant Adrian Brennan, investigating, told how weather conditions had been very dry for the previous number of weeks; there had been a number of gorsefires in the area that spring, the Sergeant said.

The burnt land was owned by the Minister for Arts, Culture and the Gaeltacht, surrounded by a large area of commonage.

Kerry County Council had been asked to give a victim impact statement but did not, the court in Tralee was told; they were dealing internally with the matter.

A government department, not the council was the registered owner of the land, the court was told.