A 52-YEAR-OLD man who fired shots into a Ballygawley bar after an earlier dispute, putting many people in peril, has been jailed.
Robert McCrum (52), of Eskragh Terrace, Dungannon, admitted possessing a shotgun and a handgun to cause fear of violence, affray and damaging a window.
Offending occurred on August 28, 2022 at Tailor’s House, and, in the aftermath, McCrum fled the scene, but later handed himself in to police.
He had been in the bar earlier but left following a disagreement, returning a short time later.
CCTV footage showed a car driven by McCrum in possession of two firearms.
A shot was fired from the driver’s side, followed by a second smashing a window in the premises.
McCrum, who held a firearms certificate, attended a friend’s home and asked him to store two guns, before travelling to the Republic of Ireland.
On August 29, 2022, police issued an alert for his welfare, and three days later he surrendered and was arrested.
During interview, McCrum gave an account, but police said they were of the opinion it didn’t stand up to scrutiny.
When charged, a detective informed the court that McCrum was head of a gun club and would have easy access to firearms may carry out further offences.
“He claims to have travelled to Slane in the hours after the shooting to attend a motorbike show outside the jurisdiction,” the detective added.
The defence pointed out McCrum attended with police of his own volition to make a complaint against a person in the bar, and was arrested.
While bail was initially refused, McCrum was later released by the High Court.
The case transferred to Dungannon Crown Court, where sentencing was scheduled to take place last month when a defence barrister pointed out McCrum was in a wheelchair.
Judge Fiona Bagnall enquired, “Has his condition deteriorated, because I think I gave him a bail variation to go to watch motorbike racing?”
Prosecuting counsel added, “I understand the defendant has a prosthetic leg, and when he doesn’t have that, he’d need a wheelchair. However, in footage of the incident, he had his prosthetic leg and was able to move about.”
There were also issues around character references provided to the court, which the prosecution were unaware of.
The case was adjourned, and, upon return, the defence highlighted McCrum’s guilty plea and his presentation as ‘contrite and remorseful’.
“Alcohol was a factor in the offending and the run-up to it. This would not have occurred but for alcohol and immediate, ready access to firearms.”
It was stressed that the defendant has misused alcohol for years, and had some ‘deficiencies in intellectual capacity’, which the defence originally suggested may have caused concerns over fitness to plead.
Despite this, McCrum was deemed suitable to hold a firearms licence.
However, since offending, all guns were seized, and he is unlikely to be permitted access again.
It was accepted the custody threshold was passed. However, in arguing for this to be suspended the defence pointed to, “Exceptionality in the fact the firearms were legally held. Nobody was injured and damage was limited”.
Judge Bagnall noted after being asked to leave the bar, McCrum, “Deliberately returned with two firearms, both of which were discharged. I can draw no other conclusion than this was a genuine attempt to frighten those at the bar … Fortunately no-one was injured, but given the nature of the incident, it would appear that those who witnessed suffered distress and upset.”
She imposed a sentence of two years and two months.
McCrum was also ordered to pay £1,000 compensation and the guns used in the offence will be destroyed.
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