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Three Brazilians were armed with a rusted submachine gun and the wrong ammunition for a shotgun on their way to fire on property in a Midlands town, a court has heard.
One of the men admitted to the Gardaí during the interview that they intended to threaten someone by shooting at the house, but denied that it was a murder mission.
Evidence of his thwarted plan, which included a driver tasked with collecting weapons that got lost twice on the road, was heard in Tullamore Circuit Court yesterday.
Ildomar Cabrar Da Silva (29), without a fixed address, Jefferson Dos Santos (35) from Ballymahon, Co Longford and Hugo Henrique Rodrigues (23), from the same address in Ballymahon, were arrested last May 27 during an operation of the Garda. in which the weapons were recovered.
They pleaded guilty last week to possession of a submachine gun, sawed-off shotgun and ammunition on River Street in Clara, Co Offaly.
They have also admitted to violating Covid regulations by leaving a place of residence without a reasonable excuse in the same place on the same date.
The only idea of his intentions was given by a defendant during his interviews with the Garda.
Hugo Rodrigues, who came to Ireland two years ago as a tourist, initially claimed that he had visited the Cliffs of Moher with his girlfriend and roommate dos Santos earlier that day and later traveled to Lahinch before returning home to Ballymahon.
He said he only became aware that there were firearms in the car shortly before the Gardaí intervened.
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Jefferson Dos Santos (34) of Inny Court, Ballymahon, Co. Longford, who pleaded guilty to two counts of possession of a firearm, one count of possession of ammunition, and one count of leaving a residents’ place without reasonable excuse (Covid Legislation) on May 27, 2020 on River Street, Clara, Co Offaly at Tullamore Circuit Court. Photo: Tony Gavin 11/26/2020
Detective Sergeant Caroline Lyng told prosecutor Garnet Orange SC that as the interview progressed, Rodrigues, by far the youngest of the defendants, provided more information. He indicated that he had known for a week that “a job” was being discussed.
Excerpts from his interview were read in court, during which he said that he had collected the “bag of weapons” that same night, but that he got lost twice on the way and that “it took so long to get the weapons.”
At one point he told detectives, “When they come back, I will give them the truth.” The court heard that he also described those involved as “dangerous” and “these people have connections.”
He added: “I will be a rat” and told Gardaí that “the plan was not to murder anyone”, but that they intended to threaten an anonymous individual by shooting at his home.
Prosecutor Garnet Orange SC presented Sgt. Caroline Lyng with the facts of the case.
She told the court that the Gardaí carried out an investigation on May 26 last and that at 9:10 p.m. she saw a silver Volkswagen Passat traveling through the M4 toll plaza in Kilcock from Dublin.
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Hugo Henrique Rodrigues (23) of Inny Court, Ballymahon, Co. Longford, who pleaded guilty to two counts of possession of a firearm, one count of possession of ammunition, and one count of leaving a place of residence without reasonable excuse (Covid Legislation) on May 27, 2020 on River Street, Clara, Co Offaly at Tullamore Circuit Court. Photo: Tony Gavin 11/26/2020
A short time later, the car was observed to be refueling at the Apple Green garage in Enfield, and at 11.10pm, one of the defendants, Dos Santos, was seen putting fuel into a green plastic container at a service station in Kilbeggan. before paying it.
There were no further sightings of the vehicles until 12:25 am the next morning when the Volkswagen pulled up on River Street, Clara with the three men on board.
Dos Santos was in the back of the vehicle and Da Silva was the front seat passenger while Rodrigues was driving the car.
Sergeant Lyng said all three were wearing plastic gloves and a search of the car led Gardaí to discover a submachine gun, 16 rounds of 9mm ammunition in a magazine, a sawed-off shotgun and four rounds. None of the weapons were loaded.
Details of their frustrated mission were also given, using poorly equipped and malfunctioning weapons. One of the gunmen relied on Google maps to lead them to their target.
The court heard that the PPS machine gun was sent for analysis to a ballistics specialist who described the gun as in poor condition, rusted and had deliberately erased the serial number. The ballistics sergeant also established that the modified weapon was designed to operate semi-automatically and fully automatically, but jammed after each shot when tested.
Four 12-gauge shotgun rounds recovered from the car were in very good condition, the court heard, but they were not adequate and could not be discharged from the seized 20-gauge double-barreled shotgun.
Det Sgt Lyng said mobile phones belonging to the defendants that included communications between the relevant parties were also analyzed.
He said an address of significance in the Tullamore area had been entered on Google maps on the phone that belongs to da Silva.
All three were arrested under article 30 of the Law of Crimes against the State and interviewed, with dos Santos and da Silva offering Gardaí explanations for being in Clara without being charged.
Rodrigues was the only one to make any form of admission, and his defense attorney Brendan Grehan SC said this came at a price as his client has been in protective custody since he was detained.
Sergeant Lyng agreed with Rodrigues’ attorney that he echoed these fears throughout the interviews.
The lawyer also noted the physical composition of the court session; his client was in a corner of the room, with four correctional officers separating him from his co-defendants who were sitting together.
Legal teams also described background evidence for the three men. They had all come to Ireland in recent years for various reasons. – working, sightseeing and learning English.
The court heard that Rodrigues came to Ireland two years ago as a tourist and had happened to be working here prior to the pandemic.
Niall Flynn BL, also from Rodrigues, said his client had previously lived in Spain for seven years and had worked as a bartender. He had left Brazil at the age of nine and his parents’ marriage broke up at a young age.
Detective Sergeant Flynn said that while she accepted that he was not an organizer, he “knew a week before” what was happening.
Brendan Grehan SC said that his client was the driver and not the organizer, and that he had not come to the attention of Gardaí prior to his arrest. Rodrigues had lost his job as a result of the pandemic and was in financial trouble.
The court heard that da Silva has 24 previous convictions in Ireland that include crimes of robbery and possession of knives. He has also been the subject of a deportation order since July 2019, having entered the country on a vacation visa.
Defense attorney Seamus Clarke SC of da Silva said his client had worked various jobs, including at a meat factory in Meath, as well as other casual jobs, including construction and as a kitchen janitor.
Det Sgt Lyng said he gave Gardaí multiple residence addresses, but none of them could be verified. He was also currently in an improved prisoner status while in custody, the court heard.
Jefferson dos Santos arrived in Ireland to learn English in December 2019. Sergeant Lynn said he had a flight booked to return to Brazil the day after the incident.
He has no prior convictions in Ireland and Sergeant Lyng said Gardaí is awaiting details from Brazil.
The defendant also read a letter of apology to the court with the help of an interpreter.
He said that he had come to Ireland to start over and learn English, but that he had found himself “in the wrong place at the wrong time”.
Dos Santos told the court that he has two children, a wife and a father who needs his help and assistance, who is in intensive care and can no longer work.
Padraig Dwyer SC, in defense, said that his client is currently aiming to improve his life in custody and is working in the kitchen area in 10-hour days.
The court heard that he is also studying English and math while in custody.
The lawyers for dos Santos and Rodrigues said they were willing to leave the country, and the former agreed “never to return.”
Sergeant Lyng also accepted that neither dos Santos nor Rodrigues were the organizers of the event.
Attorneys for the three men asked Judge Keenan Johnson to take account of their clients’ first convictions.
Prosecutor Garnet Orange said that the opinion of the Director of the Public Ministry (DPP) was that the crimes were in the upper range of possible sentences and seriousness.
Judge Johnson said the charges before him were serious and that the fact that the three men were detained in a car containing a submachine gun and a sawed-off shotgun, though not loaded, was a “cause for grave concern.”
The maximum penalty is 14 years in prison with an alleged minimum penalty of five years.
The presiding judge asked about the circumstances of the arrest and one of the defendants indicated that they were going to a property to “scare someone.” Mr. Orange responded that this was indicated by Rodrigues, who provided the greatest amount of information.
The three men were placed in preventive detention and will reappear on December 21 to be sentenced.
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