The State would have made the case that a gunman shot himself in the leg whilst escaping from the scene of a shooting at a church carpark, the Central Criminal Court has heard.
The court also heard that the victim was shot twice before taking sanctuary at a Garda station.
James Walsh (30) with an address at Rahanine Manor, Rochfortbridge, Co Westmeath but originally from Clondalkin pleaded guilty to possession of a pistol firearm with intent to endanger life at the Church of the Transfiguration, Bawnogue Road, Clondalkin, Dublin 22 on March 26th, 2014.
Prosecution counsel, Brendan Grehan SC, told the court that this plea was acceptable to the DPP and that a nolle prosequi – a decision not to proceed– will be entered on another count of attempted murder of Michael Frazer (37) at the same place.
At Thursday's sentence hearing, Sgt Katherina Joyce of Clondalkin Garda station outlined the facts of the case.
Witnesses
The court heard that the offence arose as a result of a shooting that occurred at the Church of the Transfiguration in Clondalkin at 6pm on March 26th, 2014.
Sgt Joyce agreed with Mr Grehan that a number of eye witnesses who were in the vicinity on the day had described hearing a number of shots being fired.
One witness was able to describe seeing a light-coloured Mini Cooper car with a black roof driving around a church carpark, said Mr Grehan.
“She had looked out and described a man standing at the car and something long and skinny, about 10cm in length down by his side, he raised it as if he going to shoot and pointed it at the car. She described the car taking off,” said Mr Grehan.
Another witness said there was a Mini Cooper car in a carpark and a man dressed in black who was seen chasing a car which was trying to get away from him.
A short time after the Mini Cooper left the carpark it was seen driving very erratically in the direction of Clondalkin Garda station and the driver was seen throwing an object which transpired to be a mobile phone out of the car window, the court heard.
The barrister said the Mini pulled up on the pavement outside Clondalkin Garda station and the driver of the car presented himself at the public office where he was dealt with. He was bleeding and in a distressed state.
This man was Michael Frazer from the Drimnagh area of Dublin and he was known to gardaí, said Mr Grehan.
Mr Frazer told gardaí he had been shot at and indicated “it was something to do with Crumlin/Drimnagh”.
Sgt Joyce agreed with counsel that Mr Frazer also mentioned “a blue Fiat Stilo car”.
Mr Frazer had a number of visible injuries. The emergency services were called and Mr Frazer was taken to hospital and operated on but he declined to allow gardaí access his medical records and declined to make any statement to gardaí.
Sgt Joyce agreed with counsel that he had arrived at Clondalkin Garda station seeking sanctuary but refused to assist the investigation.
The court heard that as a result of events a Garda investigation ensued and effectively the case resulted in quite an amount of circumstantial evidence linking the accused to the shooting. This included CCTV, telephone analysis, ballistic and DNA evidence.
Investigation
Sgt Joyce agreed with Mr Grehan that a Fiat Stilo car identified at the scene was of relevance to the Garda investigation.
Information was given to gardaí after the shooting and on the back of this Sgt Joyce and her colleagues went to an address at Carrow Road, Drimnagh in Dublin 12. This was where James Walsh was residing at the time but gardaí did not get any response and so forced entry into the house.
The accused was arrested on December 5th, 2014. He was detained and questioned but chose to make no comment.
The gardaí also sought to have Walsh medically examined while in custody to see if he had an injury to his leg but he declined to allow that happen.
Mr Grehan said from all the circumstantial evidence the prosecution’s case would have been that Walsh was the person seen by eye witnesses, dressed in black and shooting at Mr Frazer in the carpark.
“Sgt Joyce told the court that Walsh was engaged to be married to his long-term partner and he is a father to three children from three former partners. She also agreed with counsel that Mr Frazer declined to take part in the investigation.
Walsh was then remanded in custody ahead of the remainder of his sentence hearing on December 14th.