The east Clare farmer who blasted his best friend with a double barrelled shotgun after drinking two pints of whiskey has walked free from court.
This follows Judge Gerald Keys at Ennis Circuit Court imposing a four year suspended jail term on east Clare farmer and father of two, Liam Flynn (53) for the assault causing harm of his ‘great pal’ Noel Enright (41) on Mr Flynn’s remote farmhouse at Afflick, Tulla on January 28th 2015.
Judge Keys told Mr Flynn that he should consider himself “very, very lucky” in the sentence he received.
Judge Keys made it a condition of the suspended sentence that Mr Flynn pay over €20,000 in compensation to his victim.
In imposing the suspended jail term, Judge Keys said: “I am not sure that society would benefit from imposing a custodial sentence.”
Counsel for Mr Flynn, Lorcan Connolly BL told the court that Mr Enright has initiated civil proceedings against his client concerning the incident.
As part of the conditions of his suspended jail term, Mr Flynn has also agreed not to abuse alcohol or drugs for the next four years.
Judge Keys told Mr Flynn that by his act, “you have caused serious damage to Mr Enright which has and will continue to have a profound effect on him for the future”.
The two were church going friends for 20 years before Mr Flynn blasted the Doora man in his left upper thigh at his home after a long night of drinking.
Mr Enright would stay at Mr Flynn’s home once a week where the two would drink and watch their favourite TV show, ‘Sons of Anarchy’ about a gang of outlaw US bikers.
Mr Connolly said: “The goings on in the house that night could have been taken out of the ‘Sons of Anarchy’, the favourite show of the two gentlemen.”
Mr Enright was rushed to hospital in Limerick where he underwent a number of surgeries for the wound where over 100 pellets were found.
Mr Connolly said that while recovering in hospital from the shot-gun blast, Mr Flynn brought Mr Enright a holy statue, a prayer book and holy water.
In his judgement, Judge Keys said that the two men had offered “polar opposite” accounts of what had taken place that night.
In his statement to Gardai, Mr Enright said that: “I remember Liam saying to me ‘do you know that girl, Taci you are seeing? She is a spy.”
He said: “At that I started roaring laughing and Liam jumped up and pulled out his gun and put his gun to shoulder level and said ‘you are a fucking tout for the Gardai’ and Bang! he shot me. I was sitting on the couch.”
However, Mr Flynn told Gardaí at the scene “he is my best friend for years and it (the gun) just went off”.
Mr Flynn said: “I tapped him on the knee with the barrel. It just went off – it was a pure accident…I am a good man Gardai. I did nothing wrong. I am just under pressure.”
Judge Keys told Mr Flynn said: “You are unable to explain your conduct which appears to have been completely out of character.
He said: “After the discharge of your shotgun and on realising the consequences of your actions you assisted Mr Enright by compressing towels on the wound to stem the flow of blood.”
Judge Keys said that Mr Flynn had pleaded guilty to the charge, expressed remorse for his actions; has given into court €20,000; has no previous convictions and is considered not likely to re-offend. Judge Keys said that Mr Flynn’s actions had ended his friendship with Mr Enright.
Mr Connolly said that Mr Flynn had drank two pints of whiskey and a half bottle of a liqueur while Mr Enright had drank a lot of red wine on the night along with smoking some weed.
Judge Keys said that it should be clear from this case that mixing drugs and alcohol does not go down well at all and what occurred on the night stemmed from over indulgence.
The court was told that Mr Flynn is “a good Dad” to his two children with two different mothers that he is estranged from. Mr Flynn left court accompanied by the two mothers and yesterday he declined to comment on the outcome of the case.
