A Co Monaghan pub owner who fired two shots in the air after Travellers moved caravans into his yard, appeared in court yesterday charged with reckless discharge of a firearm.
Brian Renaghan (35), of Carrickaderry, Clontibret, who was charged under the Firearms Act, denied he acted in a reckless manner on February 10th, 2005.
At Ballybay District Court, a garda said he went to Mr Renaghan's pub and met the accused who told him that a number of Travellers had entered his yard with vehicles and had refused to leave when he approached them and requested them to do so.
At first, the garda said, Mr Renaghan denied firing shots and claimed that shots, which were reported, were from people rabbit hunting. However, he subsequently admitted he had fired two shots in the air some distance away from the caravans, after the Travellers were abusive and refused to leave.
Mr Renaghan told the garda that the Travellers had threatened to "burn him out". He also said he telephoned gardaí to report the arrival of the Travellers in his yard and their refusal to move out.
Mr Renaghan told the court he ran the pub at Clontibret village and was alerted by a neighbour on the phone about the presence of the Travellers with their camper vehicles.
He said that when he went outside he discovered they were in his private yard adjacent to the pub.
He claimed that when he approached one of the vehicles and informed a Traveller that they could not remain there, he received abuse and a threat to burn him out.
The accused admitted returning to his premises and getting his shotgun.
He said he then discharged two shots in the air some distance from where the Travellers were parked.
Cross-examined by Garda Insp Fintan McTiernan, Carrickmacross, prosecuting, Mr Renaghan said: "I did not behave in a reckless manner and it would have been absolutely impossible for anybody to have been injured."
He said he was very frightened because of the threats to burn down his premises.
He claimed his family, including his wife and his mother, were very frightened by the threats from the Travellers, who also stopped for a time to sound horns and make further threats when they moved out.
"My mother was petrified, and she has been afraid to stay in the house since," he added.
Paul MacCormack, defending, said Mr Renaghan had no intention of causing any injury and also knew there was no possibility of anybody being injured when he discharged the gun.
He said Mr Renaghan was only interested in defending his property on the occasion and was also giving an assurance to the court that he would never act in a similar manner in the future.
Mr MacCormack said there was no evidence to substantiate a charge against his client of acting in a reckless manner, but Insp McTiernan suggested that under the Firearms Act, the discharge of a firearm in such circumstances constituted an offence.
Judge Flann Brennan adjourned his decision to a further sitting on April 6th next.