AN UNARMED garda who called to a house he thought was being burgled was left “shaking” when the owner of the property discharged a shotgun because he thought a burglary was taking place, a court has heard.
The garda ran from the property when James Smith (52), Derryfadda, Clonlara, Co Clare, told the garda “get the f--k off my wall” before firing the shot away from him.
Mr Smith told Limerick District Court yesterday he was asleep in his house when he awoke to find a garda trying to gain access to the property at 2am on March 13th this year.
Garda Chris Brennan of Henry Street Garda station, Limerick, told the court he arrived at the home of Mr Smith after receiving an alert about a break-in in the Clonlara area.
Garda Brennan said he got out of an unmarked patrol car, which had its strobe blue lights flashing, and shone his torch in at the house. He then got up on a high wall next to the entrance gates of Mr Smith’s home to investigate further when he heard a gunshot.
“I shouted ‘gardaí, gardaí’. I heard someone shout ‘get off my property’. I shouted ‘gardaí, gardaí’ again and the person said ‘get off my property or I’ll f--king shoot you’,” he told the court.
The garda said he retreated to his patrol car and fled before returning with armed gardaí.
Mr Smith disagreed that Garda Brennan identified himself on the night in question before the shot was fired. He also disagreed the unmarked patrol car had the strobe lights switched on. “I’m very sorry. I might have over-reacted and I was completely unjustified in what I did,” Mr Smith said.
Judge Elizabeth McGrath upheld a previous Garda decision to revoke Mr Smith’s gun licence, which he had held for 30 years.