Three men involved in a drive-by-shooting stemming from a dispute over insurance money have been sentenced at Dublin Circuit Criminal Court.
Michael Maughan (23), of Silloge Green, Naul Road, Ballymun; Martin Maughan (30), of NCT Halting Site, Naul Road, Ballymun; and John Reilly (30), of Silloge Green, Naul Road, Ballymun, all pleaded guilty to discharging a shotgun at Edenmore Crescent, Raheny, on June 12th, 2016.
Judge Melanie Greally sentenced Michael and Martin Maughan to 4½ years in prison with the final two years suspended on strict conditions including that they be under the supervision of the Probation Service for 12 months.
She sentenced Reilly to 3½ years in prison which she suspended in full having taken into account the fact that he played a lesser role in the offence and had less serious previous convictions to the Maughans.
Judge Greally said the shot was aimed at a house where people who were standing outside were put at “considerable risk of serious injury or worse”. She said considering the Maughans’ previous history of offending, “a custodial sentence is unavoidable”. She said she had taken into account each of the men’s pleas of guilty considering the witness’s reluctance to give evidence.
The judge also accepted they had each made “very positive changes” since the offence and there had been no further hostilities between the men as there had been a reconciliation.
Remorse
The judge acknowledged that each of the men expressed remorse and regret and had a number of positive testimonials handed into court on their behalf.
Detective Garda Brian Healy told Dara Hayes BL, prosecuting, that on the date in question John Connors was outside his house with various members of his family when a silver car drove past with three occupants shaking their fists at people in the garden.
The silver car returned a couple of minutes later and a shotgun was fired while people were still in the garden. Witnesses were unable to say who was holding the shotgun when it went off.
Det Garda Healy said the incident stemmed from a year previous when Mr Connors was injured in a traffic accident in which Michael Maughan was driving. Mr Connors made a claim against Maughan’s insurance and received a payment of €30,000.
Michael Maughan subsequently asked for half the money. He has 72 previous convictions, including convictions for assault causing harm, threats to kill, possession of knives and endangerment.
Disorder
Martin Maughan has 19 previous convictions, including convictions of violent disorder, possession of knives and production of an article during a dispute. Reilly has seven previous convictions, including convictions for violent disorder and theft.
Det Garda Healy agreed with Conor Devalley SC, defending Reilly, that either “by luck or design” the pellets went in an upward direction, travelling very high through hedging and hitting just above the porch.
Mr Devalley said his client was remorseful for his part in driving the car during the incident. He said Reilly has three children and is currently engaged with charity work.
Giollaíosa Ó Lideadha SC, defending Michael Maughan, said that all matters were resolved between the two families and that they were in court together. He said his client has two children and had submitted a letter of apology.
Michael Bowman SC, defending Martin Maughan, said the incident occurred at a time his client was dependent on both alcohol and drugs. He said Martin Maughan has seven children and his wife is pregnant with their eighth.