A Burren farmer who is in dispute with a neighbour has won a court battle to get his gun back despite objections by a senior garda.
This follows Judge Mary Larkin at Ennis District Court upholding Kieran Carkill’s appeal against a decision by a local garda superintendent to revoke his firearms licence.
Last October, Supt. John Ryan wrote to Carkill of Leanna, Kilnaboy, Co. Clare to inform him that his firearms licence for his single barrel gun was being revoked.
In the letter, Supt. Ryan told the farmer that he was not satisfied that he can be permitted to have in his possession the gun, without being a danger to the public or that he had good reason to require the fire-arm.
In court, Supt. Ryan stated that there was seven documented incidents involving Carkill and a neighbour across 2021 and 2022 including one since the October letter was issued.
The garda superintendent said that Carkill, who has a farm of 100 acres adjacent to the Burren, surrendered his fire-arm to gardaí in July 2021 after an alleged incident in the previous month involving his neighbour.
Court
Carkill appealed Supt Ryan’s licence revocation decision to the district court and Judge Larkin has now upheld that appeal.
After hearing that all complaints against Carkill concerning the seven incidents came from his neighbour, Judge Larkin said: “You can create difficulty for your neighbour if you like but I don’t see why I should disallow Mr. Carkill from having a licence because someone doesn’t like him or is not happy with him.”
Judge Larkin said that there “has never been a threat of any kind” made by Carkill involving his neighbour.
The judge said that Carkill has owned the licensed gun since 2007 and his father before him and that the difficulties with the neighbour have existed long since.
Solicitor for the farmer, Stiofan Fitzpatrick said that his client requires the gun to shoot crows in order to stop them attacking his bales.
He said that the incidents cited by Supt. Ryan are all minor in nature and all arise from complaints from Carkill’s neighbour.
“They range from two cars meeting on a narrow roadway and not reversing to wandering stock and dogs.”
The solicitor said that a control of dogs summons brought against Carkill that arose from a complaint by his neighbour was dismissed by Judge Larkin after she heard evidence in the case in court.
Fitzpatrick said that his client has no previous convictions concerning public order, breach of the peace or assault “or anything like that”.
He said that Supt. Ryan’s reasons for revoking the gun licence “are not well founded and reasons given have no basis”.
Gun
In evidence, Kieran Carkill said that he inherited the gun from his father.
He said that he had never brandished the gun or indicated to anyone he was going to use it for any other purpose apart from shooting vermin.
Carkill said that the issues with his neighbour are going on for the past couple of years and before that with his neighbour and his parents.
“Her and her family have made life difficult for mother and father down the years. I do my best to keep out of her way,” he said.
Asked why by Sgt. Aiden Lonergan, Carkill said: “Because she is a very difficult woman and she has always been a difficult woman.”
“I live on the same road as her. I have land on either side of her house. I have to move cattle in and out. I have to drive in and out,” the farmer said.