A German who shot and seriously injured the Cavan county sheriff and two bailiffs when they went to evict him and his terminally-ill mother should have been jailed, it was argued at the Court of Criminal Appeal yesterday.
Jan Gerrit Jochem Isenborger was given a four-year suspended sentence when he pleaded guilty in Dublin Circuit Criminal Court to shooting Cavan registrar Mr Thomas Owens with intent to do him grievous bodily harm on January 15th, 1997.
He also pleaded guilty to similar charges relating to the shooting of bailiffs Mr Paul Comiskey and Mr Christopher Raythorn. Isenborger's elderly mother, who was seriously ill, died some hours after the shooting. Following protracted negotiations with gardai, Isenborger handed over guns before surrendering.
An appeal against sentence was taken in the Court of Criminal Appeal yesterday by the Director of Public Prosecutions on grounds that the sentence was too lenient. The presiding judge, Mr Justice O'Flaherty, sitting with Mr Justice Kinlen and Mr Justice O'Sullivan, said the court would give its decision at a later date.
Mr Edward Comyn SC, for the DPP, said a custodial sentence should have been imposed on Isenborger (44), of Bellaleenan, Bawnboy, Co Cavan. He said Isenborger was a tenant at will in a cottage in Co Cavan. His mother, who was terminally ill, joined him in the house. Proceedings in relation to the cottage were initiated in 1995. There were several court hearings in relation to eviction proceedings. i to be present to keep the peace. Mr Owens was very conscious of the fact that the mother was ill.
When the sheriff said he had come to take possession of the house Isenborger said he had to go to see his mother. He then came out with a gun and opened fire. A siege began. It was not until the mother died that the siege ended.
Isenborger had opened fire with lethal weapons. The court should reflect the seriousness of the offences by imposing a custodial sentence, Mr Comyn said.
Mr Patrick MacEntee SC, for Isenborger, said his client was exceptionally close to his mother. At the time, his mother was virtually in her death agony. The conclusion to be drawn was that the proceedings were judged on the basis that the mother was going to be put on the roadside on a January day to die. In the circumstances, counsel submitted, one could understand if not excuse the conduct of the accused. He had no previous convictions. He was a dutiful son who was looking after his mother in appalling circumstances. He was "out of his mind" with distress.
The circumstances were so exceptional in the case that there was no need to impose a custodial sentence. There was no reason to believe Isenborger was any sort of menace or person who would in ordinary circumstances offend against the criminal law, added counsel.