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Gun charge A man accused of possessing a semi-automatic weapon refused to cooperate with armed gardaí, court hears

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Trevor Byrne has pleaded not guilty

Trevor Byrne has pleaded not guilty

Trevor Byrne has pleaded not guilty

A man accused of possessing a semi-automatic weapon refused to cooperate with armed gardaí at gunpoint when they raided a back-garden granny flat, the Special Criminal Court heard today.

Trevor Byrne (40) of Cappagh Road, Finglas, Dublin 11, has pleaded not guilty to possessing a semi-automatic weapon, ammunition and cash at Woodford Grove, Clondalkin, Dublin 22, all on November 15, 2019.

Detective gardaí from the Emergency Response Unit raided the unlocked cabin at around 11.30pm on the night of November 15 and found Mr Byrne sitting on a couch along with another male.

A Detective Garda told Mr John Byrne BL, prosecuting, that he pointed his weapon at Trevor Byrne while he was sitting on the couch and shouted "armed gardaí, armed police" at him before ordering him to the ground, as other gardaí dealt with the second male.

"There was no response at all, he [Trevor Byrne] just sat there looking at me," the Det Gda told Mr Byrne.

The witness said that after two more warnings and no reaction he holstered his weapon, pulled Trevor Byrne from the couch and put him in a face-down position on the ground.

He said that Trevor Byrne "resisted by not giving his arms" from under his body to be handcuffed.

With the assistance of two other ERU detectives of an 11-member team, Trevor Byrne was handcuffed and handed over to the investigating team.

The witness agreed with defence barrister Conor Devally SC, who said that his client was "uncooperative but not actively resisting" the arrest and that he had no firearms on him.

Det Gda Jerome Twomey told Mr Byrne that he discovered the gun underneath the couch and secured the weapon, which had five bullets in the magazine and one in the chamber.

Det Sgt Tom Anderson said that he searched Trevor Byrne before placing him into a Garda patrol. He told the court he found €3,050 in the accused man's tracksuit pocket.

Mr Byrne is accused of possession of a 9mm Luger-calibre Radom 35, possession of six rounds of 9mm ammunition and separate possession of two rounds of 9mm ammunition, all contrary to Section 27A (1) of the Firearms Act.

He is also accused of possessing €3,050 in cash which he was reckless towards, believed to be, or knew were the proceeds of criminal conduct.

The trial continues tomorrow before Mr Justice Tony Hunt, presiding, alongside Ms Justice Sarah Berkeley and Mr Justice Michael Walsh.

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