An east Clare man who shot a neighbouring farmer when discharging eight shot-gun blasts in his direction in the dark has escaped jail.
At Ennis Circuit Court, Judge Francis Comerford has imposed a suspended two year prison term on Adrian Collins (48) of Enagh, Kilkishen for the reckless discharge of a shot-gun where he shot a farming neighbour, Andrew Cotter who was herding cattle at the time.
As part of his sentence, Judge Comerford has also ordered that married father of four, Mr Collins pay Mr Cotter €8,000 compensation and also pay a fine of €4,000.
The court heard that Mr Collins discharged the shot-gun eight times after attending a Christening earlier that day on February 26th 2023 when he drank four or five pints.
Mr Collins surrendered his gun to Gardai in the aftermath of the reckless discharge and Judge Comerford has also ordered that he have his gun licence revoked “for abusing the entitlement to hold a licence”.
Judge Comerford said that Mr Cotter was hit by three pellets from Mr Collins’s eight shots.
Judge Comerford has also ordered Mr Collins to sell his €1,000 shotgun and the proceeds are to go towards the €8,000 compensation order.
Judge Comerford was told that Mr Collins is a social drinker and doesn’t have a drink problem.
In sentencing, Judge Comerford said: “If Mr Collins had a drink and formed the view he could fire in a gun in the direction of people I am of the view that he does have a drink problem.”
Judge Comerford said that Mr Collins had engaged in “very serious offending”.
In suspending the prison term, Judge Comerford said that he was taking into account Mr Collins’s plea of guilt, co-operating with Gardai, having no previous convictions and his grudging remorse towards Mr Cotter.
Judge Comerford said that the case was at the very high end of recklessness with intent but “I do accept there was no hint of personal animus towards Mr Cotter”.
Mr Collins pleaded guilty to the reckless discharge of a fire-arm contrary to Section 8 of the Firearms and Offensive Weapons Act on February 26th 2023 at Enagh, Kilkishen.
Mr Cotter, a married 65 year old father of four grown up children – was checking his cattle when shot.
At the time, it was dark and was around 7.30pm at night. One gunshot pellet lodged in his skin just below the eye of Mr Cotter.
In his victim impact statement, Mr Cotter said: “I was lucky that I didn’t lose the sight of my eye.”
Mr Cotter has a five acre out-farm close to Mr Collins’s home and was out herding five cattle.
Mr Cotter told the court: “I was herding cattle when I was shot about eight times by Adrian Collins. The left side of my face was badly hit and I had to be hospitalised and I had numerous visits to the hospital and doctors.”
Mr Cotter said: “He was obviously aiming at and firing at the light in my head. It bothered me greatly why he would do this to me.”
Mr Cotter said: “I have no idea why Adrian Collins would do this to me – he inflicted severe pain upon me and more than that he has made me nervous and afraid every time I go near the land.”
He said: “I wish this never happened as it has caused great upset to me personally and to my family.”
In evidence, Det Garda Colm Moriarty said that on the night, Mr Cotter was wearing a headlamp and wearing a fluorescent jacket.
Det Garda Moriarty said that Mr Cotter was there to herd five cattle and saw that one was in difficulty in a ditch.
Det Garda Moriarty said that Mr Cotter felt a volley of shots on his jacket while trying to get the cow back over to the feeder in a field.
The Detective Garda said that Mr Collins fired another two shots and Mr Cotter “got an awful belt to side of his face and it was bleeding”.
Det Garda Moriarty said that Mr Cotter phoned his son, Michael and they went to the Collins house and the conversation got heated
and Adrian Collins “accused them of snooping around the back of the property”.
Det Garda Moriarty had two pellets lodged in Mr Cotter’s left temple and another one centimetre under his eye and had them removed in April and May of last year at hospital.
Det Garda Moriarty said that at interview, Mr Collins said that he didn’t intentionally go out to hurt someone.
Mr Collins – who works in construction – told Gardai that he was shocked when the Cotters came to his door later that evening.
He told the Gardai that the penny had dropped and he was embarrassed, angry and sorry for what he did.
Counsel for Mr Collins, Patrick Whyms BL (instructed by solicitor, Stiofan Fitzpatrick) said that Mr Collins has no previous convictions and the incident “is a bizarre entry into the arena of being in trouble”.
He said that “it was the most unfortunate sequence of events”.
Mr Whyms said that his client wishes to apologise unreservedly and accepts that his behaviour was completely wrong.
Mr Whyms said that on the night, Mr Collins became aware of activity and light at the rear of his property
Mr Whyms said: “He believed that there were people there who shouldn’t have been there and not thinking clearly he discharged shots in direction of those who were there.”
