A Co Monaghan pub owner who fired two shots from a doublebarrelled shotgun outside his premises in an effort to force out Travellers who had moved into his yard had a charge of reckless discharge of a firearm dismissed at Ballybay District Court.
Brian Renaghan (35), of Carrickaderry, Clontibret, Co Monaghan, and who was charged under the Firearms Act, denied he had acted in a reckless manner on the occasion.
Judge Flann Brennan, in a reserved judgment, said that having considered the evidence given at a previous sitting and the fact that no complaints were received by the gardaí over the action taken by Mr Renaghan on the occasion, he would acquit him.
A garda witness told an earlier sitting of the court that following a telephone call to Monaghan Garda station he went to Mr Renaghan's pub and met the accused who informed him that Travellers had entered his yard with vehicles and 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 the shots which were reported were from people out rabbit-hunting.
However, he subsequently admitted he had fired two shots into 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 admitted he telephoned the gardaí to report the arrival of the Travellers in his yard and their refusal to move out.
Mr Renaghan told the court at the previous sitting that 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. Mr Renaghan admitted going back into his premises and getting his shotgun.
He said he then discharged two shots in the air some distance away from where the Travellers were parked, but he insisted that at no time had he behaved recklessly, nor was there any possibility whatever of anybody being injured.
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 on the occasion as a result of the threats made to him that they would burn down his premises.
He claimed the whole family, including his wife, and also his mother, were both 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.
Paul MacCormack, defending, had told the previous hearing that 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 he 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. The lawyer also suggested there was no evidence to substantiate the charge of acting in a reckless manner.