This article is from page 6 of the 2012-02-21 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
IT TOOK a jury just 36 minutes to acquit a man who shot competitively for Clare, of being reckless to the safety of others when he discharged a semi automatic shotgun during a morning when “the whole community was under siege”.
Dominic Moloney of 38 Cappa Lodge, Sixmilebridge, had admitted discharging the firearm on September 21, 2009, but had pleaded not guilty to “being reckless to anyone being injured or not”.
After a trial that took place over three days at Ennis Circuit Court, Mr Moloney greeted the unanimous not guilty verdict with a mouthed “thank ye, thank ye” to the members of the jury.
The 47-year-old had been charged with discharging a firearm contrary to section 8 of the firearms and offensives weapons act 1990, after he fired three shots – one into the air and two at a wall during an early morning attack on homes in the estate.
Witness for the State Jessica Kelly, who was part of the group of three attacking homes that night, claimed that she had been hit by pellets from one of these shots.
The court heard that on the morning in question a group of “thugs” who were staying at number 57 attacked properties and people, including a disabled woman, using hurleys, bars and slash hooks.
Mr Moloney said he left the housing estate with his wife at 5.50am to go to work in Shannon.
He dropped her to work in Element Six before travelling on to his own job at Fabricated Products also in Shannon.
He was welding for five to ten minutes when his daughter Ciara called him asking him to come home.
He told the court that when he arrived back on the estate there was a van parked in his usual place so he went to the end of the cul-de-sac to turn.
“My intention was just to come back up and go into my house,” he said.
He said he then saw one man come from his left hand side and heard the window of his car break from the right. There were two men carrying bars.
He accelerated, left the estate and returned having driven past the Garda station.
When he arrived back in the estate he said he saw his neighbour Aaron Doherty, better known as Dots.
“Dots came out of his house. He walked down past me and as I came out of the car he said Mary’s windows have been broken and she is bleeding,” he said referring to Mrs Maxwell, who had been attacked and burgled by the gang.
He then saw two men – Gerard and Michael Lynch coming towards him, he said. “They shouted at me ‘We are going to kill you baldy B’.”
Mr Moloney ran inside and got his gun. He put three cartridges suitable for shooting game in it, which had been on the table since the night before. “As I was going out Dots was coming in the door,” he said.
Mr Moloney, who has shot competitively for Clare seven times, told how one of the two men were at his gate and coming in when he fired his gun into the air. The men retreated.
Mr Moloney, his daughter Ciara and Mr Doherty then walked up the road. Mr Moloney told how the men were leaving the garden of number 57 again when he shot at the wall.
He said he fired the third shot because they were going across to Mary Maxwell’s house again “saying they are going to finish the bitch”.
“The girl was inside the house. I fired at the bottom of the wall, again to keep him in, not to hurt anyone,” he said referring to Jessica Kelly.
He said he did not believe he hit her with pellets from the gun.
“Everyone was in fear. I never saw anything like it and I hope I never do. I was in fear of my life,” he said.
Asked by barrister for the prosecution Stephen Coughlan, “Why did you arm yourself. You knew the gardaí were coming. Why not go back into the house and lock the door?”
Mr Moloney said, “They were going to break up the house. I was in fear of my life.
“The only reason I got my gun was because I was in fear of my life and my child’s life.”
“I wanted to keep them inside the wall to keep people safe.”
Mr Coughlan said, “You should have retreated, but you stood your ground. Your ego wouldn’t let you retreat,” to which Mr Moloney replied, “No.”
“They came at me. I didn’t go at them. I had no choice.
“What was I going to do? I was afraid they were going to cut me up,” he said.
Mr Moloney also admitted to cleaning his gun and changing his jumper after the incident.