Two holes in a window of Mr James Gogarty's house were most likely caused by a marble or ballbearing shot from a slingshot or catapult, a Garda witness told the planning tribunal.
Det Garda Michael Duffy, attached to Howth Garda station in 1991, said after conducting an inspection of Mr Gogarty's house at Shielmartin Road, Sutton, Dublin, on October 30th, 1991, he was satisfied a firearm was not used to put the holes in the window.
Asked by counsel for the tribunal, Mr John Gallagher SC, how the object which caused the holes might have been projected, Det Garda Duffy said: "We were talking about Hallowe'en week".
He continued: "The youths all over the city, not just in Shielmartin Road, would be up to their usual antics, so I thought it may have been a sling or a catapult." However, he said that during his visit to the house, Mr Gogarty maintained a firearm had been used.
He examined the two breaks closely and carried out an examination of the room inside the window.
He said he also carried out an examination of the grounds around the house.
Answering Mr Gallagher, Det Garda Duffy said: "As a result of my examination internally and the type of break in the glass on the window, I was of the opinion that the object that caused this breakage was a marble or a ballbearing or some spherical object that hit the glass at force."
Det Garda Duffy said he did not ask Mr Gogarty why he thought a firearm had been used, and Mr Gogarty did not make any comments about problems with neighbours or anybody else.
Answering Mr Garrett Cooney SC for the Murphy group, Det Garda Duffy said that if a gun had been fired a bullet would normally be found inside.
"I take it that not only did you not see any projectile inside the room that might have caused the damage, but you saw no sign of any damage whatsover inside the front room. Isn't that right?" Mr Cooney asked Det Garda Duffy.
"That's correct, yes," he replied.
Mr Colm Allen SC, appearing for Bovale Developments and Bailey Bros, asked Det Garda Duffy if it was true he had found no evidence to support the view that a firearm had been used. "That is correct," he said.
Mr Allen then asked the garda whether Mr Gogarty seemed particularly agitated when he spoke to him.
"I didn't make a note of agitation and I don't recall him being agitated," Det Garda Duffy replied.
In response to questions from Mr Allen about Mr Gogarty's state of mind, Det Garda Duffy said: "He didn't leave me with the impression that he was in some way in fear of his life."
Counsel for Mr Gogarty, Mr Frank Callanan SC, said to Det Garda Duffy it would have been "relatively difficult to find it [the projectile] which would have been quite small".
"I am satisfied with the search that I carried out inside the room for a projectile," Det Garda Duffy replied. In response to further questioning from Mr Callanan, he said he had no idea from where the projectile was fired.
Mr Callanan referred Det Garda Duffy to a separate Garda statement to the tribunal by Sgt McInerney, of Howth Garda station, which included comments about an air-rifle being used. "Well, personally speaking, I don't recall giving that information verbally to Sgt McInerney," Det Garda Duffy said.