A Dublin man, who was apprehended with a loaded pistol while on bail for his involvement with a motorcycle theft ring, has been sentenced to ten years with two suspended at Dublin Circuit Criminal Court.
Derek Hutch (25) of Chapel Farm Avenue, Lusk pleaded guilty to the possession of a silenced semi-automatic pistol on the Ballybough Road on August 2nd, 2009.
He also pleaded guilty to three charges relating to the unlawful possession of motor vehicles at the Parklands Apartment complex, Santry on November 22nd, 2007 and December 12th, 2007 and at Griffith Hall, Drumcondra on February 2nd, 2008.
Hutch also pleaded guilty to the unlawful possession of a motor vehicle and driving without a licence and insurance on Minister’s Road, Lusk on February 3rd, 2009.
Judge Desmond Hogan said that he accepted that Hutch had a chronic drug habit but that, in the case of the firearms offences, Hutch was on bail for his involvement in the motorcycle theft ring and that he had been carrying a gun that was ready to be fired.
“The court cannot ignore the situation that pertains to this city and elsewhere because of guns and the absolutely tragic circumstances that prevail because of the profusion of guns in this city,” Judge Hogan said.
Hutch was sentenced to consecutive terms totalling ten years. Judge Hogan suspended the last two years but denied his defence counsel leave to appeal.
Evidence Sergeant Oliver Henry told Mr Remy Farrell BL, prosecuting, that during the course of the investigation of the theft of a number of high-powered motorcycles in the Dublin area, gardaí learned that certain motorcycles were being stowed in the underground car parks belonging to apartment complexes in Santry.
Analysis of high quality CCTV footage showed Hutch driving two motorcycles in to the underground car park at the Parklands Apartment complex.
The high-end motorcycles, one of which was valued at over €18,000, had in each case been earlier stolen from addresses in Parkwest and Ballymount.
On both occasions Hutch was recorded riding the bikes while wearing a distinctive Arai motorcycle helmet, before removing it in front of the CCTV cameras.
Sgt Henry told Mr Farrell that, in March 2008, gardai observed a red Honda VFR motorcycle parked at a house on Griffith Hall, a motorcycle which they believed had been stolen from an address in Glasnevin a month previously.
The vehicle had been issued with a false license plate, the examination of which yielded a finger print matching that of Hutch.
Sergeant Neil Donoghue told Mr Farrell that, on February 3 2009, he observed Hutch driving a car which had been reported stolen from a creche on Minister’s Road, Lusk earlier that morning.
Hutch accelerated away from the unmarked patrol car but forced pursuing gardaí to stop their chase after he reached speeds in excess of 60 miles per hour on winding, icy country roads. Hutch subsequently presented himself at a garda station where he was arrested and detained.
He denied driving the vehicle but accepted that the road conditions had been treacherous earlier that day.
The car was later recovered and returned to its owner.
Detective Inspector Kevin Dolan told Mr Farrell that on August 2nd, 2009 Hutch was observed cycling a distinctive yellow bike in the direction of Molloy’s pub on the Ballybough road. When gardaí attempted to confront him, Hutch cycled away at speed.
Hutch was observed to be carrying a silenced pistol in his right hand as he turned away from gardaí. As he attempted a sharp turn at speed, he fell from the bike and was apprehended by pursuing officers.
While detained at Store Street garda station, Hutch gave a false name and refused to answer any
questions. Examining the semi-automatic pistol, gardai discovered that there was a round in the barrel, the gun was in a firing position and the serial numbers had been removed.
Hutch was also wearing two pairs of clothes at the time of his arrest.
Mr Luigi Rea BL, defending, told the court that Hutch had become involved with stealing motorcycles in order to fund his substantial cocaine habit.
Mr Rea said that Hutch had a 5 year old son, a young partner and that his parents believed he had turned a corner by seeking help for his drug addiction by his own volition.