A man known to gardai as being "heavily involved in organised crime", and who was linked through DNA evidence to a submachine gun, has been jailed by the Special Criminal Court for five years.
In passing sentence today, the presiding judge at the non-jury court said that the damage done by gun crime could not be ignored.
Sentencing Bernard Fogarty, Mr Justice Tony Hunt said the three-judge court was satisfied that the defendant's conduct was related to "organised criminal activity" and was clearly intentional.
Fogarty (32), with an address at Hole in the Wall Road, Donaghmede, Dublin 13 pleaded guilty last month at the non-jury court to possession of a RAK PM-63 submachine gun at the same address on March 7th, 2020. The offence is contrary to Section 27A (1) of the Firearms Act
Gravity of offence
Mr Justice Hunt observed that the firearm was "not in condition for immediate use" but said undoubtedly the weapon was contemplated to be used at a future time.
Having regard to the gravity of the offence, the judge said the maximum sentence was 14 years in prison. The main mitigating factor in his sentence was his early guilty plea, he said.
Defence counsel Michael Bowman SC, for Fogarty, previously submitted to the non-jury court during the defendant's sentence hearing that his client's face had been "slashed" twice in Cloverhill Prison this year and "his difficulties followed wherever he found himself".
The barrister said the accused, who had experienced difficulty with drugs over an extended period of time, was "easy prey" for others due to his vulnerability. The court has heard that Fogarty has 40 previous convictions, which include criminal damage, minor assault and burglary.
Mitigation
Mr Justice Hunt also remarked today that there was no evidence that Fogarty's involvement was "other than the movement of the weapon" for use by another individual at a later date.
The court set the headline sentence at seven years imprisonment. In mitigation, the judge noted that Fogarty had entered a guilty plea and as a result imposed a straight discount of 25 percent from the headline sentence. This resulted in an adjusted sentence of five years and three months, he said.
Mr Justice Hunt, sitting with Judge Sarah Berkeley and Judge Michael Walsh, sentenced Fogarty to five years and three months imprisonment with the final three months suspended, backdated to when he went into custody.
Fogarty entered a bond to keep the peace and be of good behaviour and he must undergo supervision from probation services for one year from the date of his release.
In summary, Mr Justice Hunt said that one cannot ignore the damage done by gun crime.
