The convicted drugs dealer, John Gilligan, was found guilty by the Special Criminal Court yesterday of threatening that two prison officers would be killed. But he was cleared of assaulting one of the officers at Portlaoise Prison.
Mr Justice Johnson, presiding, said the court was satisfied that an assault had taken place, but was not satisfied it fell within Section 3 of the Non-Fatal Offences Against the Person Act (1997). Section 3 specifies an assault causing harm.
Gilligan had pleaded not guilty to assaulting Mr Martin Ryan causing him harm at Portlaoise Prison on March 25th last year.
He had also denied threatening Mr Ryan that he would be killed and, on the same date, threatening Mr Declan O'Reilly that he would be killed.
Gilligan is serving a 28-year prison sentence imposed by the Special Criminal Court on March 15th last year for importing cannabis resin.
He was remanded in custody for sentencing tomorrow.
Gilligan's counsel, Mr Michael O'Higgins SC, said the threat was uttered "in the heat of the moment" within the prison environment, where there were flashpoints, fuses were shortened and words are exchanged.
He said Gilligan had already been punished inside the prison by loss of remission and privileges.
Counsel said that under the Criminal Law Jurisdiction Act, 1976, any sentence must run consecutively from the expiry of the 28-year sentence he is currently serving.
Mr O'Higgins said by the time his sentence had expired Gilligan would be in his early 70s. "It is unlikely that at that stage he will be considered an ongoing threat," he added.