A Circuit Court judge has told a man convicted of carrying a firearm that he will have a choice when released from prison whether or not to return to criminality.
Judge Ronan Munro made the comments while sentencing Dylan Gilligan (24), who was convicted following trial at Dublin Circuit Criminal Court of carrying a firearm with intent to commit assault causing harm to Scott Purdue on December 17th, 2019 at Shancastle Park, Clondalkin.
“You are a relatively young man,” Judge Munro told Gilligan on Friday.
He said Gilligan would have to make a choice upon his release from custody, whether to return to activities which bring garda attention, or to “keep his head down”.
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The judge said he would give Gilligan a “significant opportunity” as the court was “concerned” that he had gotten involved with this at the age of 19.
“It’s better for everyone if you don’t return to that,” the judge said, imposing a sentence of six and half years with the final 18 months suspended on strict conditions.
Gilligan, of Killinarden Heights, Tallaght, Dublin 24, maintains he was not involved in the incident and denies wrongdoing. He was seriously injured after he was struck by a car last October for which he continues to receive rehabilitative treatment, the court heard.
A garda told the court that a person is being prosecuted for attempted murder in relation to this collision.
Defence senior counsel, John Byrne, told the court there was no evidence of any connection between events, saying that his client’s conviction relates to a “stand-alone” incident.
Shaun Smith BL, prosecuting, told the court this was a circumstantial case based on evidence of Gilligan’s movements that night, a change of his clothing and gunshot residue found on his hands and face.
The court heard that Mr Purdue declined to give evidence or provide a victim impact statement.
There was no direct evidence during the trial that Gilligan was the shooter, no medical report and no firsthand witness accounts of the shooting. The firearm was also not recovered and no bullets or shell casings were found at the scene.
In his sentencing remarks, Judge Munro noted that there was no evidence during the trial about the context of the offence.
He noted the need for deterrence in relation to this type of offending and said the use of a firearm was aggravating due to the risks involved.
The judge said Gilligan’s youth at the time was a significant mitigating factor. He described it as “atypical” for someone of that age to be involved in this kind of offending. The judge also noted that Gilligan does not have a “significant background of offending”.
“He has a choice. He gets out, goes back into the same thing again or he leaves it behind,” the judge added.
Detective Garda Neil McGrath previously gave evidence that a garda saw Gilligan cycling near Greenfort Terrace, Clondalkin at around 6.10pm that night. He was wearing dark clothes and a white plastic bag was hanging heavily from the handlebars.
Gilligan sped up when he noticed the Garda car. The garda considered this suspicious and turned his vehicle around. Gilligan had reached his home at this point and the garda didn’t pursue it any further.
The prosecution’s case was that the plastic bag on the handlebars could be linked to one seen later in the possession of the suspected shooter and the heavy object in the bag was the firearm used to shoot Mr Purdue.
Other gardaí encountered Gilligan, who was wearing a hooded jacket and trousers with a stripe, at 7.45pm.
One witness, who was walking in the area around 8.20pm with a child, gave evidence during the trial that they were overtaken by a man walking quickly in dark clothes and carrying a light coloured plastic bag.
She said she then heard gun shots, saw a flash and ducked to the ground with the child in fear.
Another witness said he heard gun shots, then saw a man dressed in black running in the direction of Liffey Valley.
Another witness saw a male fall onto the road near the Fonthill roundabout, and a stocky man try to flag down cars in the aftermath of the bangs.
This witness recalled hearing the bangs in close proximity to seeing a man running who looked scared.
Mr Smith told the court the prosecution’s case was that Mr Purdue was the man seen running.
Evidence was also heard from people who assisted Mr Purdue or saw his leg bleeding.
Mr Purdue was brought to a nearby house and when paramedics arrived, they recalled seeing an entry and exit wound on his lower left leg and an injury to his right foot.
He was taken by paramedics to hospital. No medical report was provided to the court. A bloody sock and shoe, believed to be Mr Purdue’s, were seized from this house.
Gardaí encountered Gilligan again at 8.55pm on Shancastle Avenue. He was wearing a Tommy Hilfiger top and trousers, which were different to his earlier clothing.
He was arrested and swabs taken from his hands and face during his detention tested positive for gunshot residue.
A forensic examiner told the trial these forensic results strongly supported the proposition that Gilligan had recently discharged a firearm.
Gilligan has six previous convictions, all at the District Court, including for criminal damage.
Defence counsel said his client maintains that he had no involvement in this incident, but respects the jury process.
Mr Byrne asked the court to take into account his client’s age at the time, personal circumstances and the conduct of the trial.
The judge directed that Gilligan should receive any medical or rehabilitative treatment he requires while in custody.
