Offender found with knives and hatchets fails in conviction appeal but sees jail term overturned - Courts News Ireland

An offender has failed in a bid to overturn his conviction for the possession of knives and hatchets but has had his jail term suspended on appeal, with a judge noting that the defendant had been “spinning a yarn” about why he had the items when stopped by gardai. At the District Court Appeals Court today, Judge Alec Gabbett said

An offender has failed in a bid to overturn his conviction for the possession of knives and hatchets but has had his jail term suspended on appeal, with a judge noting that the defendant had been “spinning a yarn” about why he had the items when stopped by gardai.

At the District Court Appeals Court today, Judge Alec Gabbett said that a defence witness was effectively covering for the appellant in claiming responsibility for the tools.

Patrick Kearns (38), with a previous address in Davitt House, Driminagh, was convicted in the District Court of possessing two axes and two knives which were sharply pointed, contrary to section 9(1)(7) of the Firearms and Offensive Weapons Act, 1990.

He was sentenced to nine months in custody with three months suspended, later lodging an appeal against his conviction.

Garda Ian Galvin told the court today that on August 18, 2022, he observed a car that was weighed down at the back, while the passenger looked agitated that a patrol car was behind him.

He said that when he pulled the car over at Champion’s Avenue, Dublin 1, Kearns was in the passenger seat. He said that he saw a golf club beside his right foot.

Garda Galvin said that Kearns became evasive and nervous, saying that the golf club belonged to his son who he played with at a range in Crumlin. The garda said that the club was not the kind that is used in a golf driving range.

He said that when he asked Kearns if there were golf balls or tees along with the club, he didn’t answer, adding that gardai did not find any upon searching the car.

Garda Galvin said that during the search, he found two axes and two retractable knives in a bag behind the driver’s seat.

He said that the female driver took responsibility for them and claimed that she had bought them for her father.

Garda Galvin said that the woman’s father, who was called on the roadside, was very evasive before saying that he had bought the tools about a month prior.

He said that receipts were found in the bag which showed that the tools had been bought the previous day.

The witness said that the female driver was originally arrested after taking responsibility for the items.

He said that after obtaining CCTV of the store named on the receipts, Kearns became a suspect in the case. He was arrested and made no comment when shown the footage from the shop.

Kearns took the stand and told the court that on the day before the car was stopped, he was leaving Wheatfield Prison and went to the hardware shop en route to get tools for his partner’s father.

He said that he picked up the items and handed them to his partner when they were leaving.

Kearns said that when they were stopped by gardai he wasn’t agitated and certainly wasn’t trying to hide anything. He said that he just forgot to hand over the tools to the man.

He said that if the gardai had done a “proper search” in the car they would have found golf balls.

The defendant said that he didn’t think it was an offence to pick up tools for his partner’s father and leave them in the back of the car.

The father of Kearns’ partner told the court that he asked his daughter a week before the arrest to get hatchets for breaking up wood and box knives for wallpaper.

He said that he never told the garda on the phone that he had bought them a month before.

Defence counsel, Seosaimhín Ní Chathasaigh BL, said that the conviction could not be sustained and that the tools were bought for Kearns’ partner’s father for wallpapering and wood splitting.

She said that the law doesn’t criminalise ordinary tools for work and there was a legitimate reason for the tools to be there.

Prosecution counsel said that the defence had presented several different versions of events and that their evidence was a “tissue of lies”.

He said that the woman took responsibility for everything before her father contradicted what she said. Counsel said that Kearns didn’t say a thing while the woman was arrested, but then they “got their stories straight” and went back to the garda station.

Judge Gabbett said that Kearns’ story wasn’t particularly consistent and that the group got argumentative when they were challenged.

He said there were different versions of events from the defence and that he didn’t accept the evidence, as he didn’t find it “at all plausible”.

He said that the older man was effectively covering for Kearns and that there was no doubt in his mind whatsoever about his decision.

Garda Galvin told the court that Kearns has 28 previous convictions, including public order and drugs offences.

Ms Ni Chathasaigh said that there was no suggestion of violence or confrontation during the incident and told the court that her client had previously suffered from a cocaine addiction.

She said that his housing is now stabilised and that he would lose his tenancy if he was incarcerated.

Judge Gabbett said that Kearns is “not really rehabilitated” and was not helping himself. He said that a plea would have been better rather than “spinning a yarn”.

He said that Kearns had been in custody before and this seemed to “bounce off him”, which did not “paint a pretty picture”.

Judge Gabbett decided to convict but imposed a sentence of nine months, fully suspended for 24 months, and 60 hours of community service in lieu of three months imprisonment.

The judge said that the sentence would hang over Kearns for 24 months by design and that if he offends again, the nine months would be triggered. He also imposed a condition that Kearns must attend addiction treatment counselling.