Man to have his sentence appealed by DPP over shooting of neighbour

first_imgA man who walked free from court after shooting a neighbour in a row over a right of way is to have his sentence appealed by the Directorof Public Prosecutions.The Irish Star reports that PJ Friel was charged with assault and discharging a firearm at farmer Gerard Sweeney. Sweeney was hospitalised as a result of the attack which resulted inhim being shot in the face.Friel (48) of Ballynakillew, Churchill, was charged with the offenceson January 3, 2015.Friel was given the benefit of the probation act by Judge John O’Haganon the charges of assault and the discharge of a firearm when heappeared at Buncrana Circuit Court.The DPP had recommended that Friel be trialled by jury.Judge John O’Hagan applied the probation act ‘in the hope that itdiffuses the situation’.The Judge also ordered that three firearms belonging to Friel beseized and disposed of.Judge O’Hagan said “As they say in Alice In Wonderland, hopefully theywill all live happily ever after.“In light of what has happened, the poison is out of the chalice. Inmy view, this is the fairest way to discharge the matter.“It was a very unfortunate affair, brought about in the heat of themoment. A pellet went into Mr Sweeney’s eye and he has had difficultywith that.”Friel faced a possible five years imprisonment for the two charges.The first was a Section 3 assault under the Non-Fatal Offences AgainstThe Persons Act.The second was that he did discharge a firearm being reckless as towhether any person was injured or not contrary to Sec 8 of theFirearms Offenses Weapons Act 1990.Judge O’Hagan said: “Mr Sweeney brought a digger into the land and waspreparing what he considered a right of way to which he thought he wasentitled.“He was seen by Mr Friel and Mr Friel saw red. He thought: ‘This is myland. He has no right to do that’. There had been a disagreementbefore and this led to the final straw.“Mr Friel took the law into his own hands. He had a shotgun anddischarged a cartridge past the digger and Mr Sweeney was injured.”However, the DPP has now applied to have the case and the leniency ofthe sentence appealed.No date has yet been set for the appeal hearing which will be heard atthe Court of Criminal Appeal in Dublin.Man to have his sentence appealed by DPP over shooting of neighbour was last modified: August 9th, 2017 by Staff WriterShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:courtdonegalDPPshootinglast_img read more

Read More »