The jury in the trial of man who is alleged to have indiscriminately fired up to 48 live rounds of shotgun cartridges during a 21-hours stand-off has heard that gardai and members of the public had been in fear of their lives.
On the opening day of the trial which began yesterday Sgt Peter Carr spoke of his worry and fear that someone “was going to be shot” while Anthony Burke fired round after round from his home at 67 Crowe Street, Gort, between 11pm on October 8, 2006, and 9pm on October 9, 2006.
The 42-year-old pleaded not guilty to two counts of possession of a firearm with intent to endanger life but guilty to possession of these weapons with intent to cause injury to property. He also pleaded not guilty to possession of ammunition, namely 1,300 to 1,400 shotgun cartridges, with intent to endanger life but guilty to intent to cause injury to property. A not guilty plea was entered for the charge of possession of firearms in suspicious circumstances.
Burke entered a plea of guilty to the remaining charges of possession of ammunition, 1,400 rounds of 12 gauge shotgun cartridges, which was not authorised at the time, criminal damage of two Garda vehicles, two cars belonging to the public, and to a lighting unit, and to the reckless discharge of a firearm.
Barrister for the State Mr Conor Fahy told the court that at 11.23pm gardai received a call from a woman stating that shots had been heard. Two Garda cars, one unmarked, was dispatched. Gardai were told that a domestic dispute had taken place, shots were fired, and that Burke’s partner and three children fled to a neighbour’s house.
When gardai attempted to speak to Burke shots were fired through the front door and they were forced to retreat to number 66. Mr Fahy said that Burke continued to fire “indiscriminately” from the doors and windows of his house and gardai had to carry out an evacuation. The court heard that Burke had surrendered one gun but still had another and 1,400 cartridges.
Mr Fahy said that at 8.19pm Burke left the house, walked down the garden path and started shooting. While crouching down between two disabled Garda cars he reloaded and aimed at gardai. He said that Burke was wearing a fully loaded ammunition belt and that he ignored garda calls to lay down his weapon and instead continued to aim his weapon in their direction.
A number of non-lethal rounds were fired by gardai and Burke was shot in the shoulder area before being knocked to the ground; he has since fully recovered. Mr Fahy added that Burke had discharged 48 live rounds of shotgun cartridges during the stand-off which lasted approximately 21 hours ending on October 9 at 8.30pm.
Sgt Carr gave evidence that at approximately 11.30pm on October 8 he spoke to two women, one Burke’s partner, while Garda Michael Carroll took up an armed position outside number 67. After failed and often dangerous attempts to make contact with Burke Sgt Carr ordered an evacuation of number 66. He said that he waited for a short break in the firing to get Garda Emer Walsh, a female neighbour, Burke’s partner, and her frightened children out of the house and over a back wall. He added that there could have been 10 to 12 shots fired during this time and that he had feared for everyone’s lives.
The trial continues.
