An armed robber who was accidentally shot in the buttocks by an accomplice has been jailed for 10 years by Dublin Circuit Criminal Court.
Insp John Shanahan told Judge Kieran O'Connor that Martin Kavanagh was lucky not to have been shot in the spine when his accomplice accidentally discharged two rounds from a sawnoff shotgun. The second round missed him.
Mr Anthony Sammon SC, defending, said Kavanagh still suffers discomfort from a large quantity of lead pellets remaining in his bottom.
Mr Gregory Murphy SC (with Mr George Birmingham), prosecuting, said the armed men had earlier threatened to set two security men on fire by pouring petrol over them and lighting it unless they handed over money from the Coolock-Artane Credit Union office.
Insp Shanahan said the words used were: "Burn them, burn them." The security men were terrorised by the confrontation.
Kavanagh (32), married and the father of three, of James Connolly Tower, Ballymun, pleaded guilty to armed theft of £6,176 in cash and £13,040 in cheques on February 10th, 1995, at Gracefield Road, Artane.
Mr Murphy said the gang made off in a stolen two-door white Honda Civic car, whose number had been taken by a civilian witness.
Kavanagh sat in the front passenger seat. An accomplice carrying a sawn-off shotgun accidentally discharged it when getting into the rear seat, lodging wadding and pellets in Kavanagh's buttocks.
Mr Murphy said Kavanagh went immediately to hospital and claimed that a man in a white Honda car had shot him while he walked down the street.
Two gardai were sent to investigate that at the same time as their colleagues went to the investigate the armed robbery.
"Clever detection work including DNA analysis matched blood found in the car with Kavanagh's blood," said Mr Murphy.
Judge O'Connor said he could have no sympathy whatever for Kavanagh's continuing discomfort due to lead pellets in his buttocks. It was obvious the gang were totally incompetent in handling lethal firearms.
The judge added he would accede to the plea by Mr Sammon that he review the case on December 14th, 1999, but Kavanagh would have to impress the court he had used his time well in prison to justify having the balance of his sentence suspended.