EMYVALE FARMER WHO DISCHARGED SHOTGUN IN LATE-NIGHT INCIDENT AT HIS HOME ACTED PROPORTIONATELY, COURT FINDS

1 June 2012 No Comments by The Northern Standard

A 66-year-old Emyvale farmer who discharged his shotgun twice in a late-night incident at his home in January of this year had assault and firearms offence charges dismissed against him at Monaghan District Court in a case in which the recently introduced Criminal Law (Defence and the Dwelling) Act was cited by the defence.
Patrick McAreavey, Tullyard, Emyvale, who was represented by Mr Martin Cosgrove, solicitor, pleaded not guilty to charges that he recklessly discharged a firearm at Tullyard on January 22 this year, and that he assaulted Peter Murray on the occasion.
Mr Murray gave evidence that the defendant assaulted him and fired a shotgun twice in his direction when he called to the defendant’s home around 11 pm to discuss with him an incident in which his (Mr Murray’s) husky dog had been poisoned.
Patrick McAreavey denied assaulting Mr Murray, and told the court that he discharged the shotgun after he himself had been the subject of an attack by Mr Murray, stating that he had got the gun because he was “scared for his life” on the occasion and that he had discharged the weapon up into the air.
Dismissing the charges against the defendant, Judge Sean MacBride said that he had acted proportionately on the occasion, and had fired into the air to deter another attack by Mr Murray, who appeared from the evidence to have been acting in “a drunken rage” on the occasion.
Replying to Garda Inspector Pat McMorrow, Peter Murray in his evidence stated that …

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