A security guard and keen hunter, who was shot four times at his home in Tallaght by unknown assailants, has brought High Court proceedings in a bid to secure the return of two legally held rifles and a shotgun which, he contends, were unlawfully taken by gardaí from his home.
Mr Justice Michael Peart yesterday granted leave to John Brock (33), Homelawn Road, Tallaght, Dublin, to bring judicial review proceedings against Supt Declan Coburn aimed at securing the return of a bolt-action Swiss Army rifle, a .22 rifle and a double barrelled Weatherby shotgun.
In an affidavit, Mr Brock said he held the firearms in question on foot of three certificates issued under the Firearms Act in July 2005 and which were due to expire on July 31st, 2006. He was unaware of any application to revoke those certificates and had always complied with the conditions of such certificates. He had also never been charged with or convicted of a criminal offence.
He had been an avid hunter all his life, mostly shooting pheasant and deer. At all times he obtained the necessary licences. Hunting had been a family pastime for many years. With the pleasures of such a hobby, he also understood the "grave responsibilities" associated with keeping firearms.
On October 10th, 2005, Mr Brock said he was the victim of a serious assault in which he was shot four times in his family home. He said the attackers were unknown to him and he was unaware of any motive. He was a patient in Tallaght hospital for 10 days. For the first three days, he was in intensive care and under heavy sedation, he said.
He had made a statement to the gardaí about the matter and understood Garda inquiries were continuing.
Mr Brock said his father, John Brock snr, had told him on October 18th that a Garda Bernard Gibbons had visited the family home on October 12th and had told him that Mr Brock jnr had given him permission to take the firearms. His father gave the garda the firearms.
Mr Brock said that he had not given any such permission and, on his discharge from hospital, he sought their return.
Garda Gibbons had told him he had been instructed to recover the guns by Supt Coburn.
Mr Brock said he asked Supt Coburn for return of the weapons but was told: "To be honest with you, it's not looking good for you getting them back."
Supt Coburn had indicated he had a concern that if the guns were returned, he might use them to defend himself in the event of another attack on himself or his home, Mr Brock said.