But released pending an appeal to the Circuit Court
A LIMERICK taxi driver who had a can of pepper spray in his car for his own protection over “fear of attack” has been given a custodial sentence at Limerick District Court for breaching the Firearms and Offensive weapons act.
Garda Pat Carmody gave evidence in Court of stopping a car at Hilcroft in the city and searching the vehicle driven by the taxi driver.
Garda Carmody said the car was not operating as a taxi at the time but that he did find a can of illegal pepper spray inside.
James Conway, aged 29 and with an address at Delmege Park, Moyross, was arrested and charged with the matter and appeared last week before Judge Eamon O’Brien for conclusion.
Sarah Ryan, solicitor, said that her client had instructed her that the can of pepper spray was for his own protection as he was aware that “attacks on taxi drivers were becoming more prevalent”.
She also said that James Conway did not know it was illegal to have the item in his possession.
Judge Eamon O’Brien said that “people can’t go around with these things, they’re illegal”.
Ms Ryan pointed out that the item was not used by her client and that Mr Conway was co-operative at all times. Garda Carmody agreed with this evidence.
The court heard from inspector Paul Reidy that the accused had five previous convictions, including one for attempting to pass a mobile phone to a prisoner in Limerick Prison. Mr Conway, pleaded guilty to the possession of the can of pepper spray on the date.
Judge Eamon O’Brien said that it was a serious matter and convicted and sentenced the accused to nine months in prison for the offence.
Recognisance was set and despite being initially taken into custody, Mr Conway was released pending an appeal to the Circuit Court.
