GARDA DREW REVOLVER BECAUSE HE FEARED PITBULL TERRIER WOULD KILL

A GARDA felt it necessary to draw his revolver after being confronted
at a house in Dungarvan, Co Waterford, by an American pitbull
terrier, a District Court heard yesterday.

Three gardai went to the home of Thomas O'Shea at 39 Childers Estate
to arrest him on suspicion of an offence under the Misuse of Drugs
Act, a special sitting of the local court heard.

Detective Garda John Hunt told Judge David Riordan that he drew his
revolver when confronted by the pitbull terrier because he genuinely
feared that someone would be killed.

He denied that he had pulled out his gun to scare O'Shea, adding "I do
not like doing that but in the circumstances I had to."

The defendant pleaded not guilty to an assault charge under the
Non-Fatal Offences Against The Persons Act at Childers Estate on April
1.

Detective Garda Hunt told the court that he, in the company of gardai
John Hanlon and Declan O'Keeffe, went to O'Shea's home on that date to
arrest the defendant under the Misuse of Drugs Act. "I had
confidential information from a reliable source that O'Shea was
involved in drug dealing," he said.

He said that when they informed O'Shea in the hallway of his house of
their intention to arrest him the defendant said he was not going anywhere.

Detective Garda Hunt said O'Shea then slightly opened the kitchen door
and called out "Yaz, Yaz" at which point a very large American pitbull
terrier appeared in the gap of the door.

Fearing for his own safety and that of his fellow officers, Detective
Garda Hunt said he drew his revolver, shouted "armed guards" at
O'Shea, and pointed the gun at the dog. O'Shea immediately pulled the
dog back and came out into the hallway where he was arrested.

Judge Riordan refused an application to dismiss the assault charge by
the defence counsel, Jeremy Maher B.L., who submitted that there was
no evidence to show that the dog had acted in a menacing manner.

The defendant, Thomas O'Shea, then told the court that the dog hadn't
been involved in the incident at any stage.

"He wasn't seen at any time, so how could the gardai have been
afraid," he said, adding that Detective Garda Hunt had only drawn his
revolver so as to intimidate him.

Judge Riordan however said he found O'Shea's evidence to be "wholly
unconvincing" and convicted him as charged.

When told that the defendant had several previous convictions and had
received a four-year prison sentence in 1995 for robbery, Judge
Riordan sentenced O'Shea to four months imprisonment and fixed
recognissances in the event of an appeal.

Checked-by: Patrick Henry