A West Clareman who terrorised a 68-year old pensioner at his home was yesterday jailed for five months for an offence committed while on bail for the robbery of the pensioner.
At Kilrush District Court yesterday, Noel Garry (20) of Tullycrine, Kilrush received the sentence after pleading guilty to having a wheel-brace in his possession contrary to the Firearms and Offensive Weapons Act at Kilkee on August 3rd last.
At the time of the offence, Mr Garry was on bail awaiting sentence for the robbery of Michael McMahon at his remote home in Cree, west Clare in February 2012.
In that case, bachelor farmer, Mr McMahon cycled 30 miles through the night to check himself into a nursing home in Ennis after being terrorised by the robbers.
Mr McMahon was put in "absolute fear” over the two nights in February 2012 with the robbers making threats on the second occasion that they were going to return to rob him for a third time – this time for €50,000.
At the time, Mr McMahon was living alone in the rural, remote location two miles from the village of Cooraclare without any electricity or running water and had cash in his home from an inheritance the man received from America.
Over the two nights, around €7,000 in cash was robbed from Mr McMahon.
Mr Garry was present on only one of the nights but Judge Carroll Moran said he was the most culpable of the three before the courts.
Judge Moran imposed a three-year jail term on Mr Garry for the robbery of Mr McMahon on February 25th and imposed a consecutive jail term for three years on Mr Garry concerning the robbery at the rural isolated home of an 82 year old woman.
The final year of the second sentence was suspended and Kilrush District Court was told yesterday that Mr Garry's date of release is August 5th 2017.
Insp John O'Sullivan told the court that after Mr Garry and three others were refused entry to a pub on O'Curry Street in Kilkee on August 3rd, Mr Garry was seen by Gardai remove a wheel brace from the sock area and throw the wheel brace under a car.
Solicitor for Mr Garry, Patrick Moylan said that Mr Garry was carrying around the wheel brace for his own protection over unpaid debts at the time.0
He said that Mr Garry's history of robbing was associated with his need to feed his drug habit.
Mr Moylan said that Mr Garry had a very difficult upbringing.
He said that Mr Garry is making very good use of his time in prison and is studying Maths and Art and also seeing an addiction counsellor.
Mr Moylan said: "He is pleading guilty. He has a history of drug abuse. I would ask you judge to give Mr Garry a chance that when he is released that he would be allowed go and use some of this good time that he is spending and hopefully prove to the court that he has learned his lessons."
In response, Judge Durcan said that when someone carries a wheel brace around, "it can lead to the most appalling of consequences".
He said "I must look upon this offence with the seriousness that it is looked upon and accordingly I impose a five month jail term".
Judge Durcan added: "The five month sentence is academic from your client's point of view, but I want the message to go out loudly and clearly that anyone going around Kilkee, Kilrush or Kil- anything else with a wheel brace in their sock, or with any other offensive weapon, they will be dealt with severely."
