A former New York city police surgeon, now living in retirement in Co Mayo, has secured leave from the High Court to seek orders quashing District Court convictions for firearms offences.
Dr Gerald Stephens, who claims he built a £700,000 retirement home at Thornhill Manor, Hollymount, Clooncormack, Co Mayo, said he came to Ireland in 1995 and lived with his 90-year-old mother, his wife and 12-year-old daughter.
In an affidavit, the doctor said he believed his "difficulties with the gardai" stemmed from the time he was sued in the Circuit Court in 1996 for what he claimed were "grossly inflated bills" for his new house.
He claimed Circuit Judge Harvey Kenny found there had been fraud and falsified invoices and awarded only half of what was being sought by the person suing him.
Dr Stephens said he was angry at being put through a needless court case and wanted gardai to charge the other person. That person was later described to him by a detective as "top-class" and gardai later informed him there would be no prosecution.
He complained to the local Garda superintendent about the investigation, and he said a detective began to inquire into his alien status and his guns.
Dr Stephens said he had always been an enthusiastic sportsman. He and his wife were granted firearms certificates for eight guns. On June 28th, 1997, gardai searched his home, arrested him under the Offences Against the State Act 1939 and brought him to Castlebar Garda station, where he was fingerprinted, photographed and then released. He ultimately got five summonses for offences under the Firearms Acts.
The doctor said he retained a Dublin firm of solicitors to defend him, but relations broke down when they apparently failed to appear in a case of his wife's untaxed car. He got a letter from the firm stating they did not act for him.
He approached two Co Mayo solicitors, but they were unable to act for him. Another Dublin solicitor agreed to represent him on the basis that he would pay in advance and that he would plead guilty.
The doctor said he appeared at Ballinrobe District Court on March 28th last before Judge Michael Connellan, who refused to adjourn the hearing to allow him get another solicitor.
A fax from the second Dublin solicitor was read to the court. It said: "Please note that I am not acting on behalf of the above-named client who sought my advice in connection with Firearms Acts charges. I gave him certain advice which he did not accept".
Dr Stephens said he never gave the Dublin solicitor authority to waive such privileged information and he was advised the information was confidential to solicitor and client and highly prejudicial to his case.
The doctor claimed Judge Connellan had said he had had four solicitors and nine adjournments of the case. He added he had travelled 80 miles to deal with the case, that there were 6,000 solicitors in the country and the doctor was claiming he could not get one.
Dr Stephens said Judge Connellan had added: "In over 40 years I've never seen anyone who couldn't get a solicitor. You are jerking the court around". After a four-day hearing he was convicted of importing a rifle and ammunition without a licence. He was fined £450, with £440 witnesses' expenses.
Mr Justice O'Sullivan granted him leave to seek to quash the convictions.