A MAN who witnessed his friend shoot dead another man on his doorstep has been given a two-year suspended sentence and ordered by Dublin Circuit Criminal Court to carry out the maximum 240 hours of community service.
Noel Kelly was dazed with shock when Philip Hanley shot 42-year-old Anthony Lynch at Willow Park, Ballymun, on June 1st, 1996, with a .22 revolver.
He immediately offered to assist gardai in every way he could, and although told by a garda to "move along" he remained at the scene. He then went voluntarily to Ballymun Garda station to make a statement, Judge Cyril Kelly was told by Det Garda Martin Hughes.
Hanley ran off but was spotted carrying the gun by a passing armed Garda patrol and take into custody. He was jailed for life on January 29th last by the Central Criminal Court after he pleaded guilty to murder.
Kelly (26), Sandyhill Gardens, Ballymun, pleaded guilty to having unlawful possession of a gun and ammunition, and to having, them with intent to intimidate, on June 1st, 1996.
Judge Kelly was told that Hanley and Kelly both had similar grudges relating to family matters, against the dead man in Hanley's case and against Kelly's uncle in his (Kelly's) case. After several drinks they decided to frighten "the living daylights" out of both men.
Replying to Mr Patrick Marrinan, prosecuting, Del Garda Hughes said Hanley had the gun in his flat at Balbutcher Lane. Kelly went with him and at first thought it was a toy gun until Hanley put bullets into it.
They discussed their alleged grievances and agreed to frighten the men by pointing the gun at their faces.
Det Garda Hughes said their first stop was at Mr Lynch's home. Kelly was genuinely confused and shocked after the shooting of Mr Lynch. He had some ammunition in his possession and threw it away before speaking to gardai.
The gun Hanley used was a German-made six-chamber LR .22 weapon. The finger pressure was, found to be safe.
According to the garda, Kelly had now qualified as a computer software teacher and was due to do his final examinations immediately. He had no previous convictions.
The witness agreed with Mr Luigi Rea, defending, that the incident was totally out of character for Kelly. He was satisfied that Kelly would never set out again to deal with a grievance in this way. His family supported him fully. The dead man's family bore him no major grudge.
Mr Rea described the case as unique. Kelly had an "almost endless record" of achievements and he would have to live with the dreadful memory of the shooting for the rest of his life. His family had been devastated by it.
He had also totally stopped drinking as a result of it, even though he did not have an alcohol problem before that.
Judge Kelly said he wished to add his own expression of sympathy with the Lynch family. He also commended Det Garda Hughes for his work with both the deceased man's family and the defendant in this matter.
The judge said the prosecution obviously accepted that what had happened in this case was genuinely beyond what Kelly assumed would happen. That was clear from the charges before the court and the evidence given.
The defendant did not have a criminal attitude, as he showed by staying at the scene, despite being told to leave, and then telling gardai he wanted to help in any way he could. He had pleaded guilty at the first opportunity and was genuinely remorseful for what happened.
Judge Kelly noted the defendant's academic achievements and said he proposed to adopt the probation service recommendation that the underprivileged could benefit from Kelly's skills through community service rather than put a charge of many thousands of pounds on the taxpayer by incarcerating him.