A Burren farmer 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 Mr 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 Mr Carkill he was not satisfied he can be permitted to have the gun in his possession without being a danger to the public or that he had good reason to require the firearm.
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In court, Supt Ryan stated there were seven documented incidents involving Mr Carkill and a neighbour across 2021 and 2022, including one since the October letter was issued.
Supt Ryan said that Mr Carkill – who has a farm of 100 acres adjacent to the Burren – surrendered his firearm to gardaí in July 2021 after an alleged incident in June 2021 involving his neighbour.
Mr Carkill appealed Supt Ryan’s licence revocation decision to the District Court and Judge Larkin has now upheld Mr Carkill’s appeal.
After hearing that all complaints against Mr 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 Mr Carkill involving his neighbour.
Judge Larkin said Mr Carkill has owned the licensed gun since 2007 and his father before him, and the difficulties with the neighbour have existed long since.
Solicitor for Mr Carkill, Stiofan Fitzpatrick, said his client requires to shoot crows in order to stop them attacking his bales.
Mr Fitzpatrick said the incidents cited by Supt Ryan are all minor in nature and all arise from complaints from Mr Carkill’s neighbour.
He said: “They range from two cars meeting on a narrow roadway and not reversing to wandering stock and dogs.”
Mr Fitzpatrick said a control-of-dogs summons brought against Mr Carkill that arose from a complaint by his neighbour was dismissed by Judge Larkin after she heard evidence in the case in court.
Mr Fitzpatrick said his client has no previous convictions concerning public order, breach of the peace or assault “or anything like that”.
Mr Fitzpatrick said Supt Ryan’s reasons for revoking the gun licence “are not well-founded and reasons given have no basis”.
In evidence, Mr Carkill said he inherited the gun from his father.
He told Mr Fitzpatrick he had never brandished the gun or indicated to anyone he was going to use it for any other purpose apart from shooting vermin.
Mr Carkill said the issues with his neighbour are going on for the past couple of years, and before that with his neighbour and his parents.
Mr Carkill said: “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.”
Asked why by Sgt Aiden Lonergan, Mr Carkill said: “Because she is a very difficult woman and she has always been a difficult woman.”
He said: “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.”
