A judge has said he does not think the district court is a suitable venue for the case of a 52 year old man accused of pointing a handgun at a garda who had dropped him home.
The incident is alleged to have happened on March fourth 2013 - just over five weeks after the murder of Det. Garda Adrian Donohoe.
At Dundalk District Court last Wednesday, Judge Conall Gibbons was asked to decide on whether he would accept jurisdiction in the case of Gerry Stewart who now has an address at Carrickasticken Road, Forkhill, Co. Armagh - which means he would determine if the case would be dealt with in the district court or sent forward to the Circuit Court.
He heard the accused was dropped to his then home in Marian Park, Dundalk and it's alleged that after going inside, he emerged from the house with a pistol and pointed it at the garda, who was in the driver’s seat of the patrol car.
Insp. Yvonne Murphy said the garda feared for his life and believed it was real gun.
The court was told it was never recovered.
The defence solicitor said his client is well-known to gardaí and suffered from mental health difficulties in the past.
He explained the accused had been taken from the Newry Road bridge and was brought home by the garda and said that the case was limited to what the garda perceived to be a firearm.
He added another solicitor who had previously been instructed in the case, had told the court it was an imitation or toy gun.
Judge Gibbons said if the allegations were proven, in his view the district court does not have sufficient power or capacity to respond in terms of sentencing.
He adjourned the case until May 25th for the directions of the DPP.
The charges before the court include assault, production of a handgun and threatening, abusive or insulting behaviour.
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