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13/11/2007
Fine For Farmer Who Shot Boy
The 73-year-old farmer who admitted that he shot a five-year-old boy in the head by mistake at a school playground near Enniskillen has been fined £5,000 - and escaped a jail sentence.
Fergus Cleary of Ballydoolagh Road, Garvary admitted maliciously wounding Darragh Somers more than two years ago. Darragh was critically injured and spent two months in hospital after he was shot in the back of the head as he played at St Patrick's Primary School, Mullanaskea.
Surgeons carried out two major operations to remove the .22 rifle bullet from his head.
Cleary was arrested two months after the shooting and initially denied maliciously wounding the boy, but in a fresh move last month, his defence team requested the case come before a judge in Dungannon.
The accused insisted the shooting was a mistake when it happened in April 2005 as Darragh was playing with friends in the schoolyard.
Cleary, who attended the school at Mullanaskea himself and had been a past vice-chairman of the board of governors, said nothing during the hour-long hearing.
He pleaded guilty to maliciously inflicting grievous bodily harm.
Judge McFarland said the incident was quite unique because it involved the discharge of one round during a common rural activity (shooting crows), "albeit in a grossly negligent manner".
He said Cleary should have known how far the bullet would have travelled and taken into account that the school playground was in his line of fire.
"This incident is clearly a lesson to you, and others, that the discharge of these weapons, even in the context of sport or vermin control, can have serious consequences," he said.
The judge said in imposing a fine he was taking account of a number of matters including the age and good character of the defendant and his remorse.
He also considered the guilty plea although he commented that it took Cleary more than two years to come to terms with the fact that the bullet came from his rifle and to admit responsibility.
The judge also ordered that the gun and the ammunition be destroyed.
Darragh has been left with eyesight difficulties and a facial blemish which may need further surgery.
The defendant submitted a letter of apology to the family on the day of the court hearing and said his thoughts had been with them.
(BMcC)
Fergus Cleary of Ballydoolagh Road, Garvary admitted maliciously wounding Darragh Somers more than two years ago. Darragh was critically injured and spent two months in hospital after he was shot in the back of the head as he played at St Patrick's Primary School, Mullanaskea.
Surgeons carried out two major operations to remove the .22 rifle bullet from his head.
Cleary was arrested two months after the shooting and initially denied maliciously wounding the boy, but in a fresh move last month, his defence team requested the case come before a judge in Dungannon.
The accused insisted the shooting was a mistake when it happened in April 2005 as Darragh was playing with friends in the schoolyard.
Cleary, who attended the school at Mullanaskea himself and had been a past vice-chairman of the board of governors, said nothing during the hour-long hearing.
He pleaded guilty to maliciously inflicting grievous bodily harm.
Judge McFarland said the incident was quite unique because it involved the discharge of one round during a common rural activity (shooting crows), "albeit in a grossly negligent manner".
He said Cleary should have known how far the bullet would have travelled and taken into account that the school playground was in his line of fire.
"This incident is clearly a lesson to you, and others, that the discharge of these weapons, even in the context of sport or vermin control, can have serious consequences," he said.
The judge said in imposing a fine he was taking account of a number of matters including the age and good character of the defendant and his remorse.
He also considered the guilty plea although he commented that it took Cleary more than two years to come to terms with the fact that the bullet came from his rifle and to admit responsibility.
The judge also ordered that the gun and the ammunition be destroyed.
Darragh has been left with eyesight difficulties and a facial blemish which may need further surgery.
The defendant submitted a letter of apology to the family on the day of the court hearing and said his thoughts had been with them.
(BMcC)
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