A man who told gardaí that mortar launch tubes he manufactured on behalf of a dissident republican engineering network were gateposts has been given a five-year sentence.
David Rockett (31), of Grawn Lower, Kilmacthomas, Co Waterford this morning pleaded guilty to the possession of three mortar launch tubes on what was the fourth day of his Special Criminal Court trial.
Presiding judge Mr Justice Butler said that although it would give the non-jury court “great pleasure” to pass a non-custodial sentence, the seriousness of the offence was “far too great” to consider such a tariff, particularly having regard to Rockett’s “knowing involvement” in the crime.
In considering sentence, Mr Justice Butler said that given the circumstances of the case, the minimum sentence would be five years in prison, and “doing the very best the court can do”, the last three-and- a-half years would be suspended.
Rockett was one of three men arrested by gardaí in September 2011 during an investigation in to the activities of dissident republicans in the south-east of the country.
His trial began in March of this year but was adjourned after it heard evidence in a “trial within a trial” to determine the lawfulness of the accused man’s detention and arrest. The State did not proceed with the charges against Rockett’s co-accused.
This morning, Rockett pleaded guilty to the unlawful possession of three mortar launch tubes on dates unknown between January 1st, 2011 and September 22nd, 2011 inclusive.
The charges include the unlawful possession of two mortar launch tubes at his home address and the unlawful possession of one mortar launch tube at Military Road, Killadangan, Co Waterford.
Det Sgt Siobhan Keating told Garnet Orange BL, prosecuting, that the investigation in to the offence was part of an operation coordinated by gardaí in Waterford against a dissident republican engineering network.
At the opening of the prosecution case, Mr Orange told the non-jury court that the accused man was a highly skilled metal worker employed at a long-established and reputable engineering firm, which enabled him access to the materials required to build mortar tubes to plan.
He said Rockett was the person who “manufactured” the three mortar tubes seized by gardaí after a search of the home of another man arrested during the same investigation.
Det Sgt Keating said gardaí who simultaneously searched Rockett’s car found a schematic drawing for the mortar tubes uncovered at the other man’s address.
She told Mr Orange that when the mortar launch tubes were shown to Rockett, he told gardaí they were gate posts he had been asked to manufacture.
Rockett later admitted that he knew the ultimate purpose of the tubes, but told gardaí he manufactured them because he was “stuck” for money and the consequences of his actions “didn’t stick” in his mind until his arrest.
Counsel for the accused man, Micheal O’Higgins SC, asked the court to be “as lenient as possible” when considering sentence.
He said Rockett was the primary carer for his mother, who is ill, and facilitated weekly visits back to the family home for his sister, who is in residential care.
However, Mr O’Higgins said nothing could take away from the “high and profound” seriousness of the offence, and told the court the accused man acknowledged his “disgraceful activity” which had brought “shame and embarrassment” to his family, who are highly regarded.
Taking to the stand, Rockett told Mr O’Higgins that he wished to apologise to the court and give an undertaking never to engage “in anything like that” again.
He said it was intention to take up work as a metal fabricator with a Waterford steel company and return to college to complete a degree course.
When he was asked by Judge John O’Hagan if he knew what the word “mortar” meant, Rockett replied affirmatively, but when asked if he knew the meaning of the word at the time he carried out the offence, he replied “not particularly”.
Passing sentence, Mr Justice Butler said the mortar tubes were “exceedingly serious devices” and the court graphically remembered evidence of their sophisticated nature.
He said the court noted the accused man had said he did not appreciate the seriousness of the matter, but the Oireachtas regarded the offence as a very serious matter and had provided for a maximum sentence of 14 years.
However, he said the court noted that Rockett had pleaded guilty and was of otherwise “excellent character” despite a previous drugs offence which was disposed of by way of a fine and which the court did not consider relevant.
Mr Justice Butler said the court also noted that the case against Rockett was largely made by himself. He said that Rockett was to keep the peace and be of good behaviour for a period of three-and-a-half years after his release.