A gunman who shot and wounded a Sinn Fein representative and his son at a First Holy Communion service in Ballymun, Dublin, last year has been jailed for 15 years for attempted murder.
In the Central Criminal Court yesterday, Mr Justice Carney sentenced Peter McCann (31) of Balcurris Road, Ballymun to 15 years for the attempted murder of Mr Larry O'Toole snr at St Joseph's Church, Balcurris Road, Ballymun on May 16th, 1998.
The judge said it was an "appalling crime" against the O'Tooles, against children, and the fact it took place in a full church where a First Holy Communion service was going on was "a crime against civilisation as we know it".
The court heard that Mr O'Toole snr was attending the First Holy Communion of his grand-daughter Laura (8) when McCann walked in, wearing a baseball cap, sunglasses, combat gear and surgical gloves.
The church was crowded with 450 people, including 60 children there for first communion.
McCann entered the church at around 11:45 a.m. He walked up the aisle in the direction of Mr O'Toole snr and his son, Mr Larry (Lar) O'Toole jnr. Shouting words to the effect of, "Larry O'Toole, you bastard, you're dead", he drew a revolver and shot Mr O'Toole jnr in the face.
There was "pandemonium" in the church, Det Garda Matt Murphy, prosecuting, said, and McCann then shot Mr O'Toole snr in the back. He discharged a third shot which hit the wall opposite and then turned and waved the gun at the congregation.
A number of people pursued him, including the injured Mr O'Toole jnr, Det Garda Murphy said. Mr O'Toole jnr caught up with him and McCann shot him in the chest.
A uniformed garda on duty in the area arrived just after the last shots were fired. Garda Joe Everard ran through the crowd and pursued McCann.
The gunman was cornered and momentarily pointed the gun at Garda Everard before he appeared to give up and was wrestled to the ground. Mr O'Toole snr and Mr O'Toole jnr received emergency treatment in the Mater Hospital. A bullet fragment remains lodged in Mr O'Toole jnr's face and another in his chest. The bullet in his left chest caused his lung to collapse. The bullet that hit Mr O'Toole snr also remains lodged in his back.
The court heard that McCann was a drug abuser and seller at the time. Originally from north Belfast, he had previous convictions north and south of the Border for assault, malicious damage, burglary and drug pushing.
When he moved to Ballymun in 1989, he was on the run from the RUC. i he had the small .22 Beretta automatic pistol for four years prior to the attack. He had concealed it in a compartment behind skirting boards in his flat.
The shootings arose from a personal dispute between McCann and Mr O'Toole junior, who lived in a neighbouring flat in Ballymun with his partner and children.
Though initially friendly, a dispute arose between McCann and Mr O'Toole jnr. In 1996, gardai raided Mr O'Toole jnr's flat and a small quantity of cannabis was found.
Det Garda Murphy said Mr O'Toole jnr blamed McCann for informing on him. Their relationship deteriorated but there were few problems until April 22nd, 1998, when McCann was visited in his flat at 11:45 p.m.
A man purporting to be from Sinn Fein told him he had informed on Mr O'Toole jnr and should also desist from selling drugs from his flat.
Cross-examined by counsel for McCann, Mr Patrick J. McCarthy SC, Det Garda Murphy agreed the worry and stress McCann was under at the time of the attack were genuine.
Mr McCarthy read a letter from McCann addressed to the court. In it, he apologised to the court, and expressed "sincere apologies" and "regret and remorse" to the children, teachers, parents, priests and parish of Ballymun.
He apologised to "the two Mr O'Tooles, whom I have committed this hideous crime against".
Sentencing him on eight counts in connection with the attack, Mr Justice Carney said he could find very little in favour of the accused except that he had pleaded guilty to the crimes and had remorse for what he had done. The probation reports also showed he had a "supporting partner".
For the shooting and attempted murder of Mr O'Toole snr, he sentenced McCann to 15 years. For intentionally causing harm to the O'Tooles he sentenced him to 12 years. For obstructing a clergyman in the course of his religious duties, he sentenced him to 18 months.
For the possession of seven rounds of ammunition with intent to endanger life, he passed sentence of five years and for the possession of firearms, seven years.
The judge ruled that all sentences would run concurrently from the date of McCann's detention on May 16th last year. Leave to appeal was refused.