The defendant is accused of recklessly firing a rifle after two sub-contractors came onto his land.
A Clonmany man accused of dangerously firing a rifle during the course of a dispute on his land two years ago has been sent forward to the next sitting of Letterkenny Circuit Court.
Eamon Grant, of Gortfad, Clonmany, appeared before Carndonagh District Court for service of the Book of Evidence.
The 60-year-old is accused of reckless discharge of a firearm at Gortfad, Clonmany, on June 8, 2023, contrary to Section 8 of the Firearms and Offensive Weapons Act 1990.
It is also alleged that Mr Grant produced a .22 Unique Rifle and ammunition in an unlawful manner, likely to intimidate another person, contrary to Section 11 of the Firearms Act.
It is understood the incident occurred when two ESB sub-contractors had come onto Mr Grant's property.
Mr Grant’s solicitor Ciaran MacLochlainn told Judge Brendan O’Reilly that his client wishes to go forward to the Circuit Court on a signed plea of guilty, having never attempted to deny the charges against him.
“From a defendant’s point of view, a signed guilty plea certainly goes towards mitigation, big-time; and he has indicated from day one that he would plead guilty,” Mr MacLochlainn explained.
“He did indicate at the very outset in the District Court that he was pleading guilty. The DPP had consented to the matter being dealt with summarily at the District Court, but unfortunately, your colleague Judge Cunningham refused jurisdiction in the matter,” the solicitor further told the judge.
“Well, my colleague obviously made the decision that she made for a good reason, and I’m not going to change that. Jurisdiction has already been rejected by the District Court,” Judge O’Reilly ruled.
The judge then asked Mr Grant – who appeared in court wearing a hoodie and jeans – if he was satisfied, having sought legal advice, to go forward on a signed plea of guilty for sentence.
“Yes,” Mr Grant replied, before signing a guilty plea.
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Judge O’Reilly then administered the obligatory alibi warning.
“If you wish to raise the defensive alibi in relation to your case, you must within fourteen days, furnish details to the State Solicitor.”
“I am now sending you forward to the next sitting of Letterkenny Circuit Court on October 28.”
Bail was extended for Mr Grant, and Mr MacLochlainn was granted Legal Aid in the matter.
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