A GARDA investigation into the wounding of a man at a farm in north Co Dublin is likely to test new legislation introduced by the Government this year to clarify how far people can go to protect their own property.
The gun used in the incident at the Maryland Farm, Kilsallaghan, north Co Dublin, was legally held.
Gardaí believe the man who fired the shots had gone to confront another man to demand information about the whereabouts and welfare of his father. Several sources said he believed his father may have been harmed just before his arrival at the scene.
When the elderly farm manager’s son arrived at the property at 3.30pm on Thursday he found a man trying to drive off in a silver Lexus car and he blocked its path. The Lexus took to the fields, but got stuck, with a confrontation taking places minutes later in the field.
Gardaí believe the man who was shot had called to the farm with a female relative early on Thursday and told the farm manager, a widower in his 70s, that his car had broken down.
The widower took the man into his home, gave him refreshments and called a taxi for them. While the callers then left the house after a period, it is believed they returned to the property just after 3pm.
The Criminal Law (Defence Dwelling) Act 2011 enacted in January contains provisions to clarify what steps people can take to protect themselves and their property. It was enacted after prolonged debate after Co Mayo farmer Padraig Nally shot dead John Ward in 2004. Mr Nally was initially convicted of manslaughter and jailed but was later acquitted.
The new Act allows for reasonable force by people who believe they need to use it to protect people in dwellings from assault, to protect property, to prevent a crime or to make an arrest. The law no longer requires a homeowner to retreat from a burglar and extends to lands immediately around a dwelling.
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