A MAN has been acquitted of intentionally or recklessly endangering a Garda helicopter by shining a laser light in its direction and affecting the pilot’s vision.
Anthony Gaffney (25), Cloonmore Avenue, Tallaght, Co Dublin, had pleaded not guilty at Dublin Circuit Criminal Court to intentionally or recklessly engaging in conduct creating a substantial risk of death or serious injury to another on September 12th, 2009.
Judge Patricia Ryan told the jury that it was not the State’s case that Mr Gaffney had acted intentionally but that he acted recklessly. She said the legal definition of recklessness was a conscious disregard of a substantial and unjustifiable risk.
The judge told the jurors they must be satisfied beyond a reasonable doubt that Mr Gaffney had disregarded the risk.
In his statement to gardaí, which was read out during the trial, Mr Gaffney admitted shining the laser at the helicopter but said he was unaware of the harmful effect his actions could have.
“I wasn’t trying to dazzle the pilot. I definitely didn’t mean to cause any hassle. I apologise for wasting police time.”
Garda David O’Riordan agreed with Vincent Heneghan, defending, that Mr Gaffney fully co-operated with gardaí and immediately apologised to the crew of the helicopter when the potential consequences of his actions were explained to him.
He also accepted that Mr Gaffney told gardaí that he did not recklessly intend to cause harm, that he “made no attempt at evasion” and was at all times polite.
Video evidence, taken on night-imagery equipment aboard the aircraft, was displayed which showed a green light coming from the back of a house, later identified as being Mr Gaffney’s.
Capt Colm Duffy, a helicopter pilot with the Garda Air Support Unit, told Noel Devitt, prosecuting, that he and his crew were called to the Tallaght area between 12.30am and 1am that night to help in the search for a missing person.
He said when the aircraft was hovering at 1,000ft, he was “dazzled” by a green laser, which caused him to temporarily lose his vision and to remove his hand from the controls in an effort to block out the laser. Capt Duffy said he was then forced to bring the helicopter to 1,700ft to combat the effect of the laser which continued to follow the aircraft.