'A history of bad behaviour' - Gamekeeper refused gun licenses after Gardai say he is not a fit person to hold them

A major Co Donegal gamekeeper has been refused a license for four firearms after senior Gardai claimed he was not a fit person to hold a gun license.

Stuart McIntosh applied to the court for four firearms to help control vermin at his property in Brackenhill Game Farm, Carmoney, Cranford where he breeds tens of thousands of pheasants.

However, Garda Superintendent David Kelly of Milford Garda Station objected to the application on a number of grounds.

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Supt. Kelly based his refusal on a number of previous convictions against the 52-year-old businessman.

They include previous convictions under the firearms act, disposing of animal by-products and also an assault charge against the applicant.

The court was told the assault charge against Mr McIntosh occurred when he found his ex-partner in bed with another man.

The application for the licenses was heard before Judge Eiteain Cunningham at a sitting of Falcarragh District Court.

Supt. Kelly outlined the reasons why Gardai were objecting to the granting of the licenses to Mr McIntosh.

The senior Garda claimed the gamekeeper had "a history of bad behaviour" and a "disregard for firearm regulation in other districts."

The court was told that Mr McIntosh pleaded guilty to a Section 3 assault of another man in January, 2012 and was initially jailed for one month but that this was replaced by 100 hours of community service and that he was also ordered to pay his victim €1,500.

When Inspector Kelly put this to Mr McIntosh, he replied that he had merely pushed the man but accepted he had gone too far.

However, the court was told the injured party had been hospitalised for two days and Inspector Kelly then produced a number of photographs of the man's injuries which were handed in to court.

Superintendent David Kelly.
(Image: North West Newspix)

Mr McIntosh replied that he understood the man fell when he was pushed and banged his face off some car parts.

Gardai had also visited the site and found a shotgun resting up against a shed.

Supt. Kelly also referred to another previous conviction in March, 2023 after hundreds of dead birds were found in an illegal 'burial pit' at his game farm.

He was charged with disposing of an animal by-product consisting of category two material despite not being a person authorised, registered or approved under the regulations.

McIntosh was fined a total of €1,750 after his barrister had claimed the birds were not sent to a knackery because of "financial constraints.'

Gamekeeper McIntosh also appeared in court charged with unlawfully possessing a number of other weapons including an action rifle, a shotgun, a revolver, an air revolver, a magnum air revolver and an air rifle.

He appeared at Letterkenny District Court before Judge Paul Kelly who fined him €250 and bound him to the peace for two years for the unlawful possession of the air revolver.

Judge Kelly took all the other charges into consideration.

The court heard the charges stemmed from a time when McIntosh owned the weapons while living in Wales and failed to renew the licenses for them.

Supt. Kelly then revealed that a number of other matters relating to Mr McIntosh had come to his attention which brought him back to the character of the individual.

These related to a number of charges against Mr McIntosh which he was fined various sums in court for unlawfully interfering with meters on his land owned by ESB Networks on various dates in 2012, 2013 and 2015.

Supt. Kelly added that based on these various matters he did not believe that Mr McIntosh was an appropriate person to have a firearm and that he "showed a propensity to disregard legislation."

He also referred to his conviction for assault and also that he knowingly brought firearms into the jurisdiction and had not complied with the licensing laws.

Solicitor for the applicant, Mr Patsy Gallagher, said his client had pleaded to the firearms charges but that Judge Kelly had used "his wisdom" to only charge his client for one weapon and took all others into consideration.

Mr Gallagher also argued that an air revolver or pellet gun may not be illegal in another jurisdiction.

In relation to the conviction for the 'burial pit', Mr Gallagher argued that everything was done cordially and that there were "other agencies involved" but Supt. Kelly stressed that it was still an unlawful disposal area.

On the conviction for firearms offences, Mr Gallagher said that it was his client who raised the issue of non-licensed weapons when he filled in an application form.

Mr Gallagher referred specifically to the assault conviction saying McIntosh returned home and found his partner of fifteen years in bed with another person.

He admitted that his client "lost it" but stressed that there had been no other convictions for assault of any kind since.

When he asked Supt. Kelly if there had been any further assaults he said that none had been reported.

Mr McIntosh gave evidence of being around weapons since he was a boy of eight or nine.

He told his solicitor during cross examination that all weapons are stored at a bunker location which had reinforced concrete and a steel case which was triple-locked and was alarmed and secured and which had been inspected by Gardai.

When asked if he was a danger to anyone by his solicitor, McIntosh replied "absolutely not" adding that he had never used a firearm on a person and that the assault was "just a push."

Supt. Kelly asked Mr McIntosh that if he has not had a gun license since 2012, how he managed to run his business and control vermin on his property.

Mr McIntosh replied "at great expense" adding that he had to employ two or three people and even then he could not employ them on a 24 hour a day basis.

This was shown back in 2018 when they had to close because of a suspected bird-flu outbreak caused by crows, added Mr McIntosh.

Supt. Kelly put it to Mr McIntosh that he was looking to license four firearms which he described as "potentially lethal weapons" and yet he disregarded the law.

"How can you say that you are a fit person to have a license for a firearm?," he asked Mr McIntosh.

Having considered the matter, Judge Eiteain Cunningham gave her decision.

She said that on the evidence she was satisfied to uphold the objection not to grant the gun licenses to Mr McIntosh and refused his appeal.

When the case was over Mr McIntosh came from the body of the court and both he and Supt. Kelly shook hands.

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