Man accused of having submachine gun and revolver in his bedroom granted bail
Defendant alleged to have connections with drugs gang in Limerick
A man who gardai allege is associated with one faction in a drugs trade feud in the Ballinacurra Weston area of Limerick city appeared before a special sitting of Ennis District Court this Saturday afternoon.
Gerard Fogarty, aged 48, of Hyde Avenue, Ballinacurra Weston is charged with three counts of possession of firearms or ammunition in suspicious circumstances, namely a PM-63 RAK submachine gun and a loaded Webley revolver.
Det Garda Shane Hogan said he arrested Mr Fogarty at Hyde Avenue, Ballinacurra Weston at 8.43am on Friday, April 19 and conveyed him to Roxboro Road garda station where he later charged him.
Det Garda Hogan said Mr Fogarty made no reply when the first and third charges were put to him. In relation to the second charge, Mr Fogarty replied: "I was not going to use it."
Solicitor Darach McCarthy, solicitor for Mr Fogarty, made a bail application on behalf of his client and this was opposed by Det Garda Hogan on behalf of the State.
The detective said that gardai carried out a search under warrant at Mr Fogarty's home address and that it will be alleged they found two firearms under a bedside locker in the room Mr Fogarty was sleeping in.
"Mr Fogarty made full admissions," alleged Det Garda Hogan, who objected to bail due to "the seriousness of the offences, the length of sentence upon conviction and the nature and strength of the evidence".
The detective further alleged that the defendant has been "associated" with one faction in a drugs trade feud in the Ballinacurra Weston area over the last two years.
"These are highly sinister and premeditated actions. I believe he is a danger to the community. If released on bail I believe he will commit further serious offences," alleged Det Garda Hogan.
Mr McCarthy said his client is not involved in the feud and that there was "nothing to substantiate" the allegation that Mr Fogarty would commit further offences if granted bail.
The solicitor said he suspected Mr Fogarty was asked to "hold these items" and he asked the court to note his client's reply to one of the charges where he said: "I was not going to use it."
"He is a married father-of-three who has lived in that address for over 25 years. He should be granted bail," said Mr McCarthy.
Having considered the matter, Judge Marie Keane asked Detective Garda Hogan if there was any evidence of the firearms being used.
"They are currently with our ballistics section but from preliminary investigations, no," he replied.
Asking that bail be refused, Inspector James Ruddle said gardai have "grave concerns" about these firearms causing serious injury or "loss of life".
Judge Keane said a submachine gun would cause "an amount of havoc".
However, she added that Mr Fogarty is entitled to the presumption of innocence until the matter is tried in court.
"I will grant bail in very strict terms. These are the most serious offences," said Judge Keane.
Mr Fogarty was granted bail on his own bond of €500 and an independent cash surety to be approved by a court in the sum of €5,000.
As a condition of bail, he must sign on daily at Roxboro Road garda station; obey a curfew between 10pm and 8am and provide a phone number to gardai.
Mr Fogarty was remanded in custody with consent to bail to appear at Limerick District Court via video link on Tuesday, April 23.
"This could not get any more serious," commented Judge Keane.