A man who was shot in broad daylight during a long-running feud between two Limerick families told a trial yesterday that he did not want the accused to go to jail.
The injured party told the court that "peace" now prevailed between the Kelly and Casey families in the Southill area.
The dramatic scenes unfolded yesterday at Limerick Circuit Court after a jury was sworn in for the trial of father-of-two David Roche (24), of 121 O'Malley Park, Southill, Limerick.
The accused, who is a stepson of Anthony Kelly, the brother of the controversial deceased city councillor Michael Kelly, had initially denied a charge of possession of a handgun with intent to endanger life in O'Malley Park on March 10th, 2005. He had also denied a charge of possession of a handgun in suspicious circumstances and a charge of assaulting John Casey on the same date.
As the trial began, witness for the State John Casey confirmed that the accused was the man who had shot him in the hand but told the court he did not want to proceed with the case.
The witness told the court that peace now prevailed between the Kellys and the Caseys in Southill and that he didn't want to give evidence against the accused. "We have the problems solved between us and we all shook hands," said Mr Casey.
However, the trial continued and evidence was heard that David Roche had opened fire with a handgun shortly before midday on four members of the Casey family, hitting John Casey in the hand.
After a number of other witnesses also identified the accused as the gunman he changed his plea to guilty.
Following legal discussion, Judge Con Murphy discharged the jury and the accused was re-arraigned on the charge of possession of a firearm with intent to endanger life.
Judge Murphy conceded that the matter was "a most difficult scenario" but added that the case before the court was "a very grave offence". He imposed a custodial sentence of five years and leave to appeal was refused.