Tensions were high in a feud between two families in Cork when a shot was fired from an improvised shotgun at armed gardai by a man thinking they were members of the opposing faction, a court has heard.
At Cork Circuit Criminal Court on Tuesday, Det Insp Danny Coholan agreed with defence council Tom Creed that tensions were running high between the Keenans and the McDonaghs when James Keenan (56) fired a shot at armed gardaí after they gained entry to his home at Island View, Rochestown Road in Cork on April 29th 2021.
Det Insp Coholan accepted that Keenan told gardaí that he was greatly in fear of an attack from the McDonaghs. He said the Keenans were prepared for an attack on their house with petrol bombs stored on the upstairs landing ready to be thrown at any attackers.
But Det Insp Coholan said that the only attack that gardaí had any record of was one six months earlier on September 16th, 2020 when three men armed with slashhooks arrived at the property and smashed car windows.
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Det Insp Coholan was being questioned by Mr Creed after his client pleaded guilty to four offences including assault causing harm to Garda Emma Hennebry, who suffered an injury to her elbow when Keenan fired at her with an improvised shotgun as she about to enter his sitting room.
A father of 10, James Keenan also pleaded guilty to possession of an improvised shotgun with intent to endanger life, possession of a shotgun cartridge with intent to endanger life and possession of 23 petrol bombs at his family home at Island View, Rochestown Road between April 22nd and April 29th, 2021.
Pleading for leniency, Mr Creed said that his client had no previous convictions for firearm offences and gardaí accepted that he apologised immediately after he realised that it was gardaí that he had fired at.
“The Keenans were hugely in fear of the McDonaghs, they were in terror of what the McDonaghs might do to them – James Keenan had this made-up shotgun because he was in fear for his life- he was immediately remorseful and grateful that the gardaí were not injured,” said Mr Creed.
“He feared it was the McDonaghs and not the gardaí arriving at his house. A slight difference of opinion exists as to when he became aware it was the guards. The shot hit the door. Garda Hennebry suffered bruising to her arm, and he apologised when he was arrested.”
Mr Creed said that his client had told a probation officer that the feud with the McDonaghs was now over, and the probation officer had got this confirmed by gardaí. “Now, if there were any difficulties he would go straight to An Garda Síochána rather than take the law into his own hands,” he said.
Three of James Keenan’s sons - Peter (28), John (26) and Michael James (20) - were also before the court arising out of the same incident when members of the Garda Armed Support Unit went to the Keenan home to secure the property so that detectives could carry out a search.
Peter Keenan, John Keenan and Michael James Keenan all pleaded guilty to possession of an improvised shotgun while Peter Keenan and John Keenan also pleaded guilty to possession of shotgun cartridges. Peter Keenan also pleaded guilty to possession of 23 petrol bombs.
Defence counsel for Peter Keenan, Alice Fawsitt SC put it to Det Insp Coholan that her client promptly dropped an improvised shotgun when ordered to do so by gardaí. Det Insp Coholan said gardai believed he was readying the gun to fire but agreed he dropped it when ordered to do so.
“Peter Keenan was holding a shotgun by the barrel. It was pointed downwards to the ground. It appeared that he was readying the gun,” said Det Insp Coholan agreeing with Ms Fawsitt that the gun was never raised. “If it was raised, there might have been a different outcome.”
Ms Fawsitt said her client had expressed relief on several occasions that the feud with the McDonaghs was now over. She said he had not been in trouble since the incident and she applied to have sentencing adjourned for a year to give him the opportunity to reduce his risk of re-offending.
Defence counsel for Michael James Keenan, Seamus Roche SC made a similar application on behalf of his client, pointing out he had no previous convictions of any kind and deferring sentence for a year would provide him with the opportunity to prove to the court that he had behaved himself.
Defence counsel for John Keenan, Ray Boland SC said that he believed the DPP’s view that his client’s offences of possessing a firearm and cartridge merited a sentence of seven to 10 years may have been unduly influenced by the seriousness of the charges against James Keenan.
“There is not a scintilla of evidence of a common design. He was in a separate room from James Keenan, and he came out with his hands up,” he said adding the Keenans had armed themselves for protection and it was not akin to being caught with these weapons on their way to the McDonaghs.
Judge Helen Boyle adjourned sentence until Friday, remanding all four men on continuing bail.
