A MASKED gunman who attempted to hold up an antique jewellery store has pleaded guilty to the attempted robbery at Limerick Circuit Court.
The accused, 37-year-old Mark Connery of Lenihan Avenue, with previous convictions for robbery, firearms offences as well as manslaughter, was identified by CCTV footage leaving the scene after the shop owner disarmed him by grabbing the barrel of the gun during the hold up.
Commending the bravery of the owner of Noonan’s Antique shop on Ellen Street, Judge Carroll Moran said that the Mr Noonan “showed considerable backbone” in disarming his assailant. The court heard that Connery and another man entered the store after they were told that they could get “good money from a tray of rings”.
On September 13, 2008, Connery and a second man entered the store owned by Jim Noonan, pointed a gun in the face of the store owner as they attempted to rob the shop.
However, Jim Noonan, behind the counter at the time, and believing it to be a real weapon, grabbed the barrel and disarmed Connery who then fled the scene with the second man.
Mr Noonan gave chase while his son remained at the shop and alerted the gardai. CCTV footage from a shop across the street identified Connery, who was later arrested, questioned and made admissions to the offences of attempted robbery, possession of a firearm and ammunition on the date in question.
Prosecution counsel, John O’Sullivan, outlined the incident and the previous convictions held by Mark Connery, which included a manslaughter conviction when he was aged just 15, but in which mitigating circumstances warranted a suspended sentence be imposed, firearms and larceny convictions from 2001 and 2002, as well as a robbery charge from a Galway Credit Union in 2002, for which a five year sentence was handed down.
Brian McInerney, defence counsel, told the court that the firearm used was an Italian made blank pistol which testing showed could not discharge anything more “than a loud bang”.
The accused was a drug addict and had run up a debt with some “undesirable and dangerous people”, with Mr McInerney adding that Connery made full admissions to the offence despite the lack of an forensic evidence. He added that his client had a long history of drug addiction and was a chronic heroin user that never had “gainful employment”.
However, the court heard that Connery has since taken his own measures to rid his life of drugs and engaged with the Bedford Row project, as well as Slainte.
Evidence was given from the leader of the Bedford Row project, Larry deCleir as to Mark Connery and how he knew the accused of late.
Mr deCleir noted the difficulty associated with a person giving up drugs on their own and stated that he had never before given evidence in a court case, but that the manner in which Connery had taken on this over the last year was highly unusual and commendable, in his opinion.
Evidence was also submitted to the court that testing under the Slainte programme showed Connery to be giving clean samples to the project for the last eight to 10 weeks. Connery was embarking to get off drugs without the use of methadone treatment. Mr deCleir also said that Connery’s physical appearance was considerably better in recent times, given his efforts.
Following the submissions of mitigating evidence by the defence, Brian McInerney canvassed the court for a probation report given the “most unusual set of circumstances that surrounded the case”.
Judge Carroll Moran, acceding to the wish of the defence, but noting that it was a “very tall order,” ordered that the Probation services furnish the court with a report relating to Connery. He also ordered that a key HSE witness be brought to court to testify as to Connery’s abstinence from drugs to date.
The case was adjourned until June 22 next and Connery was released on the continued terms of his bail.