A German national who shot the Cavan County Sheriff and two bailiffs when they went to evict him and his terminally ill mother from "a hovel" has been given a four-year suspended sentence by Judge Joseph Mathews.
Jan Gerrit Jochem Isenborger believed his mother would die on the roadside and lost all his reason when he saw a bailiff take a heavy sledge-hammer from the boot of a car, Dublin Circuit Criminal Court was told.
He was "clearly upset beyond belief and threatened to commit suicide" during what Det Supt P. J. Browne called "some very fragile times" in the hours following the shooting.
Judge Mathews said Isenborger's action "was inexcusable and unjustified" but at the time he was "a most distressed human being who tried to protect his mother, to whom he was devoted".
Isenborger (44), Ballyleenan, Bawnboy, Co Cavan, pleaded guilty to shooting at the County Cavan Registrar, Mr Thomas P. Owens, on January 15th, 1997, at Ballyleenan with intent to do him grievous bodily harm, or to maim, disfigure or disable him.
Isenborger also pleaded guilty to similar charges of shooting at Mr Paul Comiskey and Mr Christopher Raythorn.
His mother died hours after the shooting, and following protracted negotiations with gardai Isenborger handed over guns before finally surrendering. He had no previous convictions.
Judge Mathews said he put great weight in the "very fair evidence" given by Det Supt Browne. He was satisfied there was no element of preplanning or premeditation by Isenborger.
He agreed with prosecuting counsel, Mr Edward Comyn SC, defence counsel Mr Patrick MacEntee SC and with Det Supt Browne that Mr Owens had carried out his duty with the "fullest professional propriety and decency".
"They were innocent victims of bizarre circumstances. I am satisfied it was wholly an impulsive action done in the heat of the moment of loyalty and devotion to his mother."
Det Supt Browne agreed with Mr MacEntee that the eviction proceedings had been brought by an Austrian national, Michael Hehle, "a very high-handed individual with no concern about other people's feelings".
Mr MacEntee said Isenborger did not claim he was "entitled" to do what he did and apologised unequivocally to his victims. He was very close to his mother and was "very isolated with her" in her terminal illness. He could not ask for anything more than Det Supt Browne said about the case.
"In some ways it is deeply moving. He could see her dying on the roadside on that January day and tried to protect her. He just lost his reason when he saw the sledgehammer, and it was sad that in this appalling case he had the guns available to him," said Mr MacEntee.
Mr Comyn said there were 32 charges on the indictment but the Director of Public Prosecutions agreed to accept the guilty pleas on the three most serious, which carried life imprisonment.
Isenborger had entered into "a loose arrangement" with the owner of a small dilapidated farmhouse on a lonely by-road in which he was to carry out improvement work in return for tenancy.
Differences arose between Isenborger and Mr Hehle, who initiated proceedings for possession of the premises.
Mr Owens as Cavan County Sheriff came into the picture when Mr Hehle got a court order for possession. Mr Comyn said Mr Owens was aware of "bad blood" between Isenborger and Mr Hehle and informed the Garda he intended to proceed with the eviction on January 15th, 1997. He appointed a number of bailiffs to assist him.
When the eviction party arrived at the house Mr Owens and Mr Comiskey had a short conversation with Isenborger. The defendant then went into the house but returned quickly with a rifle-type gun and began shooting.
Mr Comyn said Mr Owens suffered a serious arm injury, Mr Comiskey was hit in the face, neck and chest, and Mr Raythorn was shot in the leg, hand and chest. Isenborger continued firing in short bursts from a variety of guns.
Gardai telephoned him from a nearby house and negotiated with him for the admission of an ambulance so that the wounded men could be taken to hospital without his firing on it. He agreed and that was done.
Negotiations continued for a further 44 hours and he handed over a number of guns at different stages. Isenborger finally invited gardai into the house and a search revealed more weapons. He surrendered, and made a full statement.
It emerged that he tried to show a doctor's letter about his mother to the two officials at his gate and he told them he was going inside to speak to his mother about the eviction, but came out with the rifle and began firing. Gardai were satisfied the officials did not realise how ill she was.
Det Supt Browne said Garda Patrick Boyle, who knew Isenborger, took "a considerable risk" in trying to prevent further shooting. Retired Supt Bill Somers and Insp Tadhg Foley were involved in the negotiations, and other gardai involved were Sgt Dave Coyle and Det Garda Denis Fitzgerald.
Isenborger said several times during the first hours of the siege that his mother was very ill, and at 6 p.m. on January 15th he told the gardai she had died. That time of death was confirmed on January 17th by a doctor who entered the house with gardai at the defendant's invitation.
Mr MacEntee said Isenborger developed an early interest in alternative living and spent some years in the Canadian forests, where he learned trapping and other skills. He came to Ireland about 1980 and made a living buying houses, renovating them and selling them again.
Det Supt Browne agreed with Mr MacEntee it would be "the perception of many people" that Mr Hehle was "a very highhanded person who would not be too perturbed about the feelings of others". The house could best be described as "a hovel".
He also agreed that it was "inevitable" the two men would fall out and that many people would have predicted that happening.
Mr MacEntee said Isenborger had a half-sister in Paris. Their mother came to live with him but they were very poor and "bordering on the desperate".
She had a mastectomy in 1978 because of breast cancer but the cancer had already spread to her spine and then riddled her body. Her doctors had her on morphine to ease her pain.
Det Supt Browne agreed with Mr MacEntee that "the safest and fairest way to put it" was that Isenborger was "trying to repay the loyalty his mother showed to him" when he spent a long time in hospital as a child. She was confined to bed and totally dependent on him in January 1997.
The litigation initiated by Mr Hehle began in July 1995 and continued during the time his mother was in considerable pain. Mr MacEntee said Mr Owens had postponed eviction a number of times. Isenborger had to reject an offer of a local authority house because it only had an upstairs toilet and his mother could not get up the stairs. He could only wait for her to die with dignity.
Det Supt Browne said he understood Mr Owens told the gardai at Ballyconnell that there would be an ambulance at the house for the eviction because of the woman's condition, but there was no ambulance there. There would have been no alternative but to leave her in her bed on the roadside.