'Vulnerable' taxi man took possession of loaded handgun in 'moment of madness', court hears

A 'vulnerable' taxi driver took possession of a loaded handgun that was handed over to him by a criminal in a 'moment of madness', the Special Criminal Court has heard.

Anthony Walker (53), with an address at Marrowbone Lane, Dublin 8, admitted at the three-judge court to possessing a .38" special calibre Smith & Wesson revolver at Tallaght Road, Templeogue, Dublin 6W, on November 23, 2021.

At the non-jury court, Walker further admitted to possessing five rounds of .38" special calibre ammunition in such circumstances as to give rise to a reasonable inference that he had not got it in his possession for a lawful purpose on the same occasion.

Detective Garda John Rourke told Caroline Cummings BL, prosecuting, that gardaí were in receipt of information in November 2021 that a crime organisation had possession of a firearm and that they may intend to cause harm to an unknown person.

Gardaí then put in place surveillance on the address of Ryan Kelly (25) of Captain’s Road in Crumlin, Dublin 24.

Kelly was jailed at the Special Criminal Court in January for his involvement in what Mr Justice Paul Burns described as “a sophisticated enterprise”.

Kelly was intercepted on the night in a separate car with three other men who were wearing rubber gloves and carrying burner phones. He was jailed for six years after he pleaded guilty to possessing the firearm and the five rounds of the ammunition that were in the gun.

This Tuesday, Detective Garda Rourke said Walker arrived at Kelly’s address on Captain’s Avenue in a black Prius taxi at around 8.45pm on the night and that Kelly was observed passing over an item, which later turned out to be the revolver, wrapped in a blue tea towel.

Detective Garda Rourke said armed gardaí stopped the Prius close to the M50 roundabout at 8.55pm. Ten minutes later gardaí stopped a Volvo estate taking “exactly the same route” as the taxi and discovered four occupants, all of whom were in possession of “burner” phones, while three were wearing rubber gloves and two were wearing snoods.

Kelly was one of the four men and was arrested.

Walker was interviewed five times by gardaí and acknowledged his contact with Kelly had taken place over 18 months. However, he said he only realised during the trip that what he was carrying was a gun, which was found in the passenger seat footwell.

Walker told gardaí that he had previously dropped cash and what he suspected was marijuana for Kelly but had no idea he was carrying a gun when it was handed to him.

Michael Bowman SC, for Walker, said his client had been a taxi driver his whole life and started picking up and dropping off Kelly during Covid when his taxi business was suffering.

Counsel said it had not been the State’s case against Walker that he had organised the delivery of the weapon or that he even knew what was going on when the package was handed to him.

Mr Bowman said that while Walker held a “significant” role in the enterprise he was “hermetically” kept from the decision-making process and only became suspicious of the package handed to him when he felt the weight of the revolver therein.

Mr Bowman said his client apologised to gardaí and was remorseful for a “moment of madness”. Mr Bowman said Walker told gardaí: “All I can think about are my kids – it was a moment of madness. I really am remorseful, for whatever good that will do me.”

Counsel said his client had complied with all terms and conditions of his bail since the incident but had reported to gardaí that windows of his car and house had been smashed in the interim, “which he [Walker] says is directly related to this”.

Mr Bowman said his client had told gardaí that if he knew it was a gun he was being asked to transport “he would have never gotten into his car that night”.

Counsel said his client was a “vulnerable” individual who suffered from Tourette's syndrome, ADHD and OCD. Counsel also said a probation report found Walker to be of low risk of reoffending and that a guilty plea was “manifestly clear from the outset”.

Mr Bowman said the court had the ability to depart from the presumptive mandatory minimum jail-term of five years for the offence, which carries a 14-year maximum sentence.

Mr Justice Burns adjourned the matter for sentencing to May 29 and remanded Walker in custody to that date.

A decision not to prosecute Walker with a charge that he did with knowledge of the existence of a criminal organisation, participate in, or contribute to, activity intending to, or being reckless as to whether such participation or contribution could, facilitate the commission of a serious offence by that criminal organisation or any of its members is to be entered on May 29.