Limerick Court heard the father was at his wits' end over his son's behaviour
THE father of a drug addict, who discharged a shotgun in the sitting room of his home was at his wits’ end as his son had refused to leave, a court has heard.
Michael O’Brien, 66, of Devon Close, Castletroy, Limerick, has been told he will avoid a criminal conviction if he makes a €300 contribution to the Court Poor Box.
He has admitted discharging a single shot from his legally-held shotgun at his home on December 12, 2018.
Sergeant Sean Murray told Judge Marian O’Leary the defendant was inside the house when gardai arrived a short time later and that he made full admissions when questioned about the incident.
He accepted there was “a background” to what happened and confirmed Mr O’Brien has since surrendered his shotgun to gardai.
Solicitor Sarah Ryan said her client’s son has had difficulties with drugs for some time and that Mr O’Brien became concerned when he heard his son leaving the house “very early” on the morning of the shooting incident.
She said this was unusual and that her client followed his son and located him “not too far away”.
Judge Marian O’Leary was told he observed his son buying drugs from another man who he confronted in an effort to stop him selling drugs to his son.
“It was too late, he already had the drugs in his possession,” said Ms Ryan who added that her client then told his son not to return to the family home. “He had reached a point where he could take no more.”
However, when Mr O’Brien returned home sometime later, he encountered his son in the sitting room “taking tablets” with his brother.
Both refused to leave at which point an argument erupted.
“He had a legally-held firearm. He threatened his son with the firearm,” she said confirming that he then discharged a shot into the floor.
“He humanly could not take any more, he was at his wits’ end,” she told the court.
Sergeant Murray accepted the facts as outlined by Ms Ryan and said investigating gardai had taken a “sympathetic view” but the DPP felt it was in the public interest to initiate a prosecution.
Noting Mr O’Brien’s previous good record and his undertaking to “never seek a firearm licence again’, Judge O’Leary accepted jurisdiction of the case.
Adjourning the matter to next February, she indicated if €300 is paid to the court poor box he will strike out the case.
If the money is not paid, Judge O’Leary said that she would impose a fine and record a conviction.
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