A father of three was freed by the Court of Criminal Appeal yesterday after it suspended the final two and a half years of his three-and-a-half-year prison sentence for possession of a telescopic rifle and ammunition.
Desmond McCabe (45), with an address in Newry, Co Down, had appealed against the severity of a 42-month prison sentence imposed for the unlawful possession of two bolt-action .22 rifles and 11 rounds of ammunition at Swords Road, Dublin on September 13th, 2003.
The original sentence was imposed by Mr Justice Joseph Finnegan at the Special Criminal Court in December 2005.
Due to family circumstances, the start of the sentence was deferred until the following March.
At the Court of Criminal Appeal yesterday, Ms Justice Susan Denham, presiding - and sitting with Mr Justice Kevin Feeney and Mr Justice John MacMenamin - said the court would suspend the balance of Mr McCabe's sentence if certain assurances were made.
Ms Justice Denham said it was accepted that the trial judge had not erred in principle when passing sentence but the appeal court felt that there were exceptional circumstances in this case which merited the suspension of the final 30 months of the sentence.
The court had taken Mr McCabe's family difficulties into account, she said.
The court then freed Mr McCabe after he gave a sworn undertaking that he would not associate, be involved with or have contact with any illegal organisations, or members of illegal organisations and that he would not get involved in any illegal activities in this or any other jurisdiction.
He also entered a bond to keep the peace.