Cork sheep farmer challenges 'unknown reasons' for revoking gun licence 

The court heard that the man is a sheep farmer whose land border is close to Midleton town. Picture: iStock

The case of a Cork sheep farmer whose guns were seized after his licence was revoked for unknown reasons was described as “Kafka-esque” in court.

Guns owned by Michael Fitzgerald of 7 Wheatley Heights, Broomfield, Midleton, were seized on March 11 after his licence was revoked.

Although an appeal was lodged, the case could not be progressed to the district court because gardaí would not release the rationale for the licence revocation “for operational reasons” and to effectively appeal the decision in court, the reason for that decision was needed.

Solicitor Joseph Cuddigan told Midleton District Court that when he questioned the decision to revoke Mr Fitzgerald’s gun licence, he received a letter back from gardaí saying he was “unfit to operate the gun licence for reasons unable to comment on”.

He compared the situation to iconic novel The Trial by Franz Kafka, which is a story about a man who was arrested and prosecuted by an inaccessible authority which never told him the nature of his crime.

“You can’t have the Kafka-esque situation where someone is accused of something but they do not know what it is,” Mr Cuddigan said.

But Judge Roberts said that the safety concerns of Mr Fitzgerald having firearms at this time may not relate to him at all but to other people.

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Judge Roberts said that in a similar situation, when the solicitor had spoken quietly to the garda superintendent, the situation calmed down and a number of other people were later before the courts.

But Mr Cuddigan said that the superintendent he was dealing with in this case did not seem interested in dialogue.

“There is a major difference between a soliloquy and dialogue,” Mr Cuddigan said. 

“The superintendent is offering me a soliloquy.” 

Mr Cuddigan said that his client is a sheep farmer whose land border is close to Midleton town. 

This can bring the unwanted attention of dogs from town, he said.

And sheep that have been chased by dogs, even when they’re not injured can be so traumatised that they become unmanageable, he said.

“Farmers are entitled to shoot a dog that is disturbing livestock,” Mr Cuddigan said.

Mr Cuddigan said that Mr Fitzgerald also looks after his brother’s flock and his brother does not have a gun licence.

Judge Roberts asked: “Has he no farmer friends?” 

Mr Cuddigan said that ready gun access was required to prevent an incident from escalating.

With a gun, a farmer can at least protect his livestock, Mr Cuddigan said.

The case was adjourned for hearing on July 11.