A man convicted for his part in the robbery and shooting of well-known publican Charlie Chawke has had his sentencing adjourned at Dublin Circuit Criminal Court to allow for the preparation of medical reports.
Larry Cummins (56), Mellowes Road, Finglas, Dublin, was last month found guilty of causing serious harm to Mr Chawke and of the robbery of €48,652 in cash and cheques from him.
He was also found guilty of possession of a shotgun with intent to commit robbery and on two counts of possession of a shotgun with intent to resist arrest.
All of the charges related to the robbery and shooting of Mr Chawke outside his Goat Grill pub, Goatstown, in October 2003. Mr Chawke was shot in the leg and had to have it amputated.
Judge Frank O'Donnell was told that while Cummins was in possession of a single-barrel sawn-off shotgun on the day in question, it was his accomplice who shot the publican. The second man has not yet been put on trial and cannot be named yet.
Brendan Nix SC, for Cummins, sought a week's adjournment to allow him time to have a medical report on his client prepared for the court. Judge O'Donnell granted the request and the sentencing will take place next Friday.
Cummins, a separated father of four, faces life in prison for his role in the attack.
Patrick McCarthy SC, for the prosecution, said Mr Chawke was shot "without mercy" on the afternoon of October 6th, 2003, as he was leaving the pub with the takings which he intended to lodge in the bank. Cummins's accomplice approached Mr Chawke and demanded the money.
A struggle ensued during which Mr Chawke fell out of the driver's seat of his Mercedes and was then shot in the leg. Giving evidence at Cummins's trial last month, Mr Chawke said: "I saw an opportunity and dived for the gun but missed it and fell out on to the street." He said his attacker said "I'll f****** sort you out" before shooting him in the knee.
"He then stepped over me and took the bag," said Mr Chawke.
A passing patrol car, carrying three gardaí and a student garda, heard the gunshot and saw the incident. Mr McCarthy said two of the gardaí ran to the raiders' car as they were about to make their getaway.
Cummins put a gun to the head of one of the gardaí who, along with her colleague, was forced back. However, the two other gardaí gave chase to Cummins and his accomplice in their car. The two men drove to the Stillorgan Heath housing estate near the Upper Kilmacud Road. They got out of their car and fled on foot, discharging one shot as the gardaí, who the court was told acting with "extreme bravery", pursued them on foot.
Both men tried to hide their shotguns down a laneway as children walked past. However, they were arrested at the scene and the guns recovered.
Det Sgt Michael Gibbons of Dundrum Garda station told Judge O'Donnell that Cummins was a "career criminal" with 65 previous convictions. He had convictions for firearms offences, assault, criminal damage, public order, theft and road traffic offences. Det Sgt Gibbons said Mr Chawke did not wish to give oral victim impact evidence when the matter came before the courts again next Friday.
