One of the two men accused of shooting a publican during an armed robbery outside his premises has gone on trial at Dublin Circuit Criminal Court. The jury has heard that Charlie Chawke lost his right leg as a result of a gunshot wound he received to his knee after making a grab for one of the raiders' weapons.
"I saw an opportunity and dived for the gun," he said.
Larry Cummins (54), Mellowes Road, Finglas, has pleaded not guilty to intentionally causing serious harm to Mr Chawke, robbery of €48,652 in cash and cheques, possession of a shotgun with the intention to commit robbery, and two counts of possession of a shotgun with the intention of resisting arrest at The Goat Grill, Goatstown, on October 6th, 2003.
Opening the case, Paddy McCarthy SC, prosecuting, said two men arrived at the scene with shotguns and acted in a joint enterprise.
Garda Nigel Burke told Mr McCarthy that he and three colleagues were in a patrol car which had stopped at red lights outside The Goat at the time of the shooting.
He saw a man running from a silver car and another lying on the ground. He went after the man who ran back to a red Volkswagen and grabbed him in a "bear hug" as he got into the driver's seat of the car. He heard this man twice shout "shoot the c***" to his accomplice.
Garda Burke said he looked up and saw Mr Cummins pointing a gun in his face. He backed off and his colleague Garda David Sweeney broke the back window of the car with a baton before it sped off.
Garda Burke said he requested armed back-up as the patrol car chased the raiders in the direction of Stillorgan.
He said Mr Cummins pointed his shotgun at the patrol car through the broken back windscreen but did not fire. The car entered a cul-de-sac and stopped. Both men got out and stood facing the patrol car holding the shotguns at waist height.
Garda Burke said Mr Cummins's accomplice fired at the patrol car, hitting the windscreen, and the men ran off. He and Garda Sweeney chased the men down a laneway. Garda Sweeney said he saw them push two large items through a fence and he followed them around a corner. He and Garda Burke arrested them after finding them hiding in bushes.
Mr Chawke told Mr McCarthy that he came out of The Goat Grill at about 12.30pm with a bag containing cash and cheques from a number of his licensed premises. He got into his silver Mercedes and placed the bag in the divide between the driving and passenger seats.
He saw in his door-mirror a man get out of a car parked about 25ft behind him, carrying a shotgun on a strap. He said the man opened the driver's door and said "give me the f****** money". It is alleged that this man was Mr Cummins's accomplice.
Mr Chawke said: "I saw an opportunity and dived for the gun but missed it and fell out on to the street." He said his attacker said "I'll f****** sort you out" before shooting him in the knee.
"He then stepped over me and took the bag," said Mr Chawke.
He said he was taken to St Vincent's hospital by ambulance and immediately operated on. "I was given 42 units of blood and my life was saved," he said. Five days later his right leg had to be amputated.
The trial continues today.