A Co Sligo man was given a three-year suspended sentence at the Special Criminal Court yesterday for possession of the sawn-off shotgun used in the murder last year of a community activist, Mr Terry Madden.
Thomas Derrig (48), of Battlefield, Culfadda, Ballymote, pleaded guilty to possession of a single-barrel sawn-off shotgun in suspicious circumstances at his home in October 1998.
He also admitted having a shotgun, 25 shotgun cartridges and 35 rounds of .22 rifle ammunition without a firearms certificate on May 20th last year.
Insp Brian Mostyn told the court the shotgun was the weapon used in the murder of Mr Madden on January 29th last year. It was found in a rubbish dump at the side of the road in March 1999. The inspector told Mr Peter Charleton SC, prosecuting, that it was accepted that Derrig did not know the gun was to be used in the murder.
But he would have been aware that the person to whom he supplied the weapon was a member of an illegal organisation and had served a sentence in Portlaoise Prison.
Insp Mostyn said the other shotgun and ammunition were found during a Garda search of the accused man's home last May and Derrig had made "a full and frank" statement to gardai.
In the statement Derrig said he was approached by a man who he knew had spent time in prison for holding guns for the IRA, and was asked if he could get a gun for him.
Derrig said he had two shotguns in his house which had been passed down through the family and he agreed to sell the man one of them for £50.
"Knowing that he had been involved with the Provos I suspected he would do something wrong with it, like a robbery," he told gardai.
Derrig said he had cut the barrel down and put the sawn-off shotgun and some cartridges in a plastic bag and given them to the man. Derrig told gardai the man gave him £40 and added that he still owed him £10, but he had "written it off".
"I now know that I should have gone to the gardai but I was afraid," he said in his statement.
Insp Mostyn said Derrig had no previous convictions, and was unemployed. He lived on his family farm on 20 acres of land and had sold off land for building purposes but appeared to have squandered the money on drink. The inspector said Derrig came under considerable pressure from the man who approached him and would be well justified in being afraid of the man.
Mr Justice Johnson said the court would suspend the three-year prison sentence on condition that Derrig did not associate with any members of illegal organisations or criminals. He said the court had taken into account the fact that he had no previous convictions and had pleaded guilty at the earliest opportunity.