Two Wicklow men have been given suspended sentences for possessing firearms which had been bought by their friend on the dark web almost two years ago.
22-year-old Shane Kinsella from Tynock, Kiltegan and 22-year-old Daniel Quinn Burke from Allendale Lawn in Baltinglass were both given a three-year sentence, suspended in full for five years.
Both men had pleaded guilty to possessing a rifle, a semi-automatic pistol and ammunition in March 2024 near Straffan in County Kildare.
A third man, Evan Fitzgerald, who was also arrested on the same date, later died from self inflicted wounds when he brought a gun and fired it into the air at Fairgreen Shopping Centre in Carlow on 1 June last year.
All charges against him were withdrawn after his death.
At finalisation of sentencing at Naas Circuit Court today, Judge Elva Duffy said the men had engaged in an “utterly ludicrous act”, and were “beyond foolish to be involved in this endeavour”.
However, Judge Duffy said it seemed the entire scheme was instigated by their friend and the men, led by loyalty, were carried along on this mission or picnic.
Judge Duffy said it was a “very unusual” case and the Director of Public Prosecutions had taken the “unusual step” and accepted the offences did not warrant the mandatory sentence of five years.
She said she had thought long and hard about the sentence and it was difficult for the court because the prison sentence is there to show there are consequences.
However after looking at all the circumstances, she said she had decided to impose a non-custodial sentence.
She sentenced both men to three years, suspending it in full for five years.
Evan Fitzgerald was previously identified as the person intent on procuring weapons
At a previous sentencing hearing, Detective Inspector Ken Donnellan from the Garda Organised Crime Unit said Mr Fitzgerald had been identified as the person intent on procuring weapons on the dark web in what was described as a garda sting operation.
Prior to supply, he said the weapons, including a military grade assault rifle, had been rendered safe and that €2,700 was proffered in cash, before the three were later arrested in a car driven by Quinn Burke, whilst Kinsella had been the navigator to the scene.
Detective Inspector Donnellan accepted the three had not come to the attention of gardaí before, and were not subversives.
Mr Fitzgerald had had a fascination with guns, and his friends became involved out of a misguided sense of loyalty, barristers for his two friends argued this afternoon.
The barrister representing Kinsella, Seoirse Ó Dúnlaing SC, said his client had entered a guilty plea and was deeply apologetic.
He asked the court to consider a non-custodial sentence in what he said were a unique set of circumstances.
Counsel for Quinn Burke, Aisling Murphy BL, said he was genuinely remorseful and had also been affected by the loss of his lifelong friend in a horrifying and public way.
The two accused were aged 19 and 20 at the tine of their arrest for the firearms possession offences.
20 rounds of ammunition for the assault rifle and 22 rounds for the .45 calibre semi-automatic pistol had also been procured, but Detective Inspector Donnellan said the ammunition could not have been used in the firearms.
He said that this was a very complicated investigation and a high risk operation, as gardaí initially did not know who they were dealing with and for what reason the firearms were being sourced.
He agreed with Mr Ó Dúnlaing SC that these types of weapons were usually linked to subversive or organised crime, but that this was not a factor here.
Mr Fitzgerald was described as someone who had had significant mental health issues.
Both men pleaded guilty at a previous hearing in Naas Circuit Court
Kinsella had used his phone to navigate to the final location. Since his arrest and charge, the court heard he had moved to Carlow to work and to live with his sister.
A letter from his mother and from his employer were given into the court and Judge Duffy was told that there was a pro-social network available to support him.
Ms Murphy BL said her client’s role was the driver, although he had been aware of the plan to procure the weapons.
He had recently qualified as a mechanic and had not come to the attention of gardaí since.
Quinn Burke had been friends with Evan Fitzgerald since they were 12 years old, and said his friend was someone who liked to collect things.
He said his friend had made numerous plans that didn’t come to fruition, but he didn’t want to lay the blame fully at another’s door for what happened and he wanted to accept responsibility for what he was involved in.
He knew he had jeopardised everything he had worked for and caused his parents distress.
He had lost a lifelong friend in what his barrister said was a “horrifying and public way,” and he was struggling, thinking he had missed the signs.
He had been assessed as someone with a low risk of reoffending and Ms Murphy BL said he had not thought through the possible consequences of his actions, which was now something he regrets.
Probation reports in respect of both men were given to the court.
In the case of Kinsella, his barrister said the report demonstrated a positive engagement with probation services and an awareness of how serious the offences were, for which he was deeply apologetic.