Man gets Probation Act after “airgun” confiscated by gardaí

A Polish national’s “airgun” was confiscated by gardaí following an incident in which another man allegedly pointed the firearm out a car window, a court has heard.

Dublin Circuit Criminal Court heard that Tomasz Surowiak (27) did not take part in this alleged incident and that he was unaware he needed a certificate in order to lawfully possess the firearm.

Surowiak of Portersfield, Clonsilla, Dublin pleaded guilty at Dublin Circuit Criminal Court to possession of a firearm without a certificate at Tyrone Place, Inchicore, Dublin 8, on August 18, 2018.

Garda Matthew Kennedy told John Berry BL, prosecuting, that on the date in question, gardaí received a report about a VW Golf which was driving around the Tyrone Place area of Inchicore with a handgun being pointed out of the car’s window.

Gda Kennedy said he took action to block the car and arrested Surowiak, who had been driving the car. A firearm was discovered resting on the passenger seat of the car and was confiscated.

The court heard that a man who was a passenger in the car is currently before the District Court and a book of evidence is to be served on him.

In interview with gardaí, Surowiak said he had bought the firearm at a market in Drogheda the previous May. He said he saw the passenger pick up the gun, but he did not see the passenger point it out the window.

Gda Kennedy said the firearm is powered by a gas charge and cannot fire regular bullets. He said it was “essentially a training gun” which is used in target practise at indoor ranges so that live ammunition does not have to be used.

The garda said the prosecution have accepted Surowiak’s plea for possessing the firearm without a certificate and that the accused was not involved in the other alleged incident.

Gda Kennedy agreed with Cathal McGreal BL, defending, that his client told gardaí that the firearm was not loaded. He agreed Surowiak told gardaí he had the firearm in his car because he had been planning to buy pellets.

Mr McGreal said his client did not know the “airgun” required a licence in this country and that this type of firearm does not require a licence in his home country of Poland.

Counsel said his client came to Ireland in 2017 to work as a mechanic and has two children with his partner.

He asked the court to treat the offence as being “at the very low end” in circumstances where his client did not know he required a certificate.

Judge Elma Sheahan said if the court were minded to impose a sentence, she would have imposed a sentence of 12 months and would then apply a six month deduction.

Judge Sheahan said in the circumstances she would apply Section 1 of the Probation of Offenders Act 1907.

Applying this section effectively dismisses the charge and leaves Surowiak without a recorded criminal conviction