*Photograph: Burren Eye Photography
“HATCHET trumps hurley,” commented a judge after hearing that a 22 year old man who went to confront another male at his home armed with a hurley was met by the man armed with a hatchet.
At Kilrush District Court, Judge Alec Gabbett told West Clare man, Nathan Downes “put the hurley away and call the Gardaí the next time”.
Judge Gabbett told Mr Downes of St Michael’s Place, Kilmihil that “taking the law into your own hands is not ideal”.
In the case, Mr Downes pleaded guilty to producing a hurley in the course of a dispute outside a house at Doonagurroge, Killimer contrary to Section 11 of the Firearms and Offensive Weapons Act on January 19th 2024.
Giving an outline of the case against Mr Downes, Sgt John Burke said that Mr Downes was in dispute with another man and on arriving at his home waved the hurley around unlawfully.
Sgt Burke said that the incident was captured on CCTV and that Mr Downes has no previous convictions.
Solicitor for Mr Downes, Patrick Moylan said that there was a background to the incident. “Mr Downes’s father had been accosted earlier by this person. Mr Downes’s father is very ill. He has COPD (Chronic Obstructive Pulmonary Disease) and uses a nebuliser five times a day”.
Mr Moylan said that Nathan Downes “took the unwise route of going to the man’s home and verbally accosted the man at this house”.
Mr Moylan said that this man was a far more serious person than Mr Downes had bargained for and the CCTV showed the person at the house with a hatchet.
Mr Moylan said that Mr Downes did have a hurley in his possession at the house and has pleaded guilty to that offence.
In response, Judge Gabbett remarked, “Hatchet trumps hurley”.
Mr Moylan said that his client apologises.
Judge Gabbett said that he would strike out the weapons charge if Mr Downes paid €200 to the court poor box or Court Discretionary Fund (CDF).
Striking out the charge after Mr Downes paid over the €200, Judge Gabbett said, “I am conscious of your future. A conviction has serious consequences. It is really serious. This is your first chance-last chance. If you take me seriously, you won’t be back”.
