Man with drug debt “leaned upon” to store firearms

By Eimear Dodd

A man was “leaned upon” to store a 9mm semi-automatic pistol and 13 rounds of ammunition due to a €5,000 drugs debt, a court has been told.

Brian Keane (41) of Fairlawn Road, Finglas, Co. Dublin, pleaded guilty to possession of a Makarov 9mm semi-automatic pistol in suspicious circumstances on February 3, 2024. It is an offence that carries a maximum sentence of 14 years.

A total of 13 rounds of 9mm Makarov calibre Seller and Bellot ammunition and a silencer were also found during a search of his home. Keane told gardai he had a drug debt of €5,000 and was asked to hold a package, but he didn’t know it contained a firearm.

The investigating garda agreed with Mark Lynan, SC, defending, that his client was not the “end user” for the firearm, but someone who had been identified as “a person who could be leaned upon to store” it.

Mr Lynam submitted to the court that his client was picked to hold these items because of his vulnerabilities and as he was in a “place of a lot of turmoil” at the time.

He said Keane was “not going to be back before the court”, adding that the “efforts he had made since” his offending “all point to someone who could be given a chance”.

After hearing the facts of the case on Thursday, Judge Martin Nolan adjourned the case overnight to consider the sentence.

On Friday, he handed Keane a sentence of three years.

The judge said Keane had a good work history. He noted that his previous convictions were of a minor nature. He said Keane was unlikely to re-offend in the future, and he accepted that he was holding the weapon under duress.

He set a headline sentence of six to seven years but reduced it to three years, taking mitigation into account. “He was a mature man and made a terrible decision,” he said.

Dublin Circuit Criminal Court was told that gardai received certain intelligence and then searched Keane’s property.

When gardai arrived, Keane opened the front door to them.  Following a search, a package was discovered in the kitchen, which contained the 9mm semi-automatic pistol, 13 rounds of 9mm Makarov calibre Seller and Bellot ammunition and a silencer.

After his arrest, Keane was interviewed and made admissions.

Keane said he knew there was something illegal in the package, but that he didn’t know it was a firearm. While he took responsibility and was co-operative, Keane didn’t provide any further information to gardai.

Keane has six previous convictions including for minor road traffic and drugs offences.

The investigating garda agreed with defence counsel that Keane was not on the garda radar at the time of his offending, that his actions arose from his circumstances and that he self-harmed while in custody.

The garda also accepted that Keane was heavily using drugs at the time of the offending, and overdosed several months before this incident and required hospitalisation.

When asked by counsel if Keane co-operated, but refused to give any names, the garda replied “he accounted for his own actions”.

The court heard Keane has been supported by local community addiction services following his overdose and is engaging with them, including completing a detoxification programme. A number of people involved in the service were in the court to support him, counsel said.

A number of documents were handed into the court on Keane’s behalf.

Mr Lynam said his client was also at risk of losing his home at the time of his offending as he built up rent arrears while trying to pay his drugs debt.

He said his client is making progress at addressing his addictions.