A Donegal barrister has been granted a firearms licence, but told to undertake an anger management course.
Mr Alexander Smyth BL (pictured above by Northwest Newspix) was granted a licence for two firearms, a .410 over-under shotgun and a .22 rifle, following a protracted hearing before Judge Alan Mitchell at Letterkenny District Court.
Mr Smyth brought the matter to court, under section 15A of the Firearms Act, having been refused renewal of a licence on the grounds of what An Garda Síochána said were “intemperate habits” displayed by the applicant.
Evidence and submissions in the lengthy case – running to around 15 hours – were heard at Letterkenny District Court until almost 9pm on Tuesday and Thursday before Judge Mitchell delivered his ruling on Friday afternoon.
Although not a pre-condition before granting a firearms licence to Mr Smyth, Judge Mitchell said the court required him to engage in an anger management course within 12 months and to provide proof of completion.
The court further required that Mr Smyth read the book How To Win Friends and Influence People by Dale Carnegie and subsequently provide Chief Superintendent Goretti Sheridan with a report on what he learned and five actions he intends to implement.
“He will get his licence, but I expect him to comply,” Judge Mitchell said.
Mr Smyth said he took the judge’s remarks on board.
Judge Mitchell said that the grant of a firearms license is a “privilege not a right” and such licences may be either granted, refused or revoked.
The application was initially refused by Chief Superintendent Sheridan when she was a Superintendent in the Letterkenny District and then by Inspector Paul McHugh, now the acting Superintendent – and the acting issuing officer – in that district.
Chief Superintendent Sheridan said that, in refusing the application, she felt that the appellant “engaged in aggressive and antisocial behaviour on more than one occasion” and she didn’t feel it was “in the public interest” that he hold a firearms licence.
The firearms in question were handed into gardaí in June, 2023 by Mr Smyth, a barrister who also owns a veterinary practice in Convoy – which opened in 2015 and now has some 4,500 clients – operates as a farmer and is on the Board of Trustees of the Irish Red Cross, with whom he has volunteered for over 10 years.
Mr Smyth said he has had firearms since 2008 having been first granted when he was “just 18” and has taken part in competitive shoots since he was 10 or 11 years old.
He said a decision in the application was punitive as it would mean that he couldn’t attend sporting competitions. All such competitions, including shooting at the Olympic Games, have a declaration for participants to sign indicating that they are not a person disentitled to hold a firearm.
He said shooting, for him, was “a way of life and is a necessity for the farm”. Mr Smyth outlined that his farm lost “an awful lot” of bales due to the presence of vermin – which the guns are used to dispose of – last year and has not made any this year.
While Mr Smyth met with senior officers on two occasions, they were not satisfied and reiterated the reasons for refusal.
Chief Superintendent Sheridan said that there were matters logged on the Garda Pulse system that she referred to in making the decision. She said that she considered all matters and narrowed her decision down to incidents where witnesses were available to come before the court.
“I don’t refuse an application easily,” she said, noting that there are over 5,000 firearms certificates within the Letterkenny Garda District alone. “On this occasion, having met him and reviewed what was available to me, Mr Smyth failed to satisfy me . . . I do believe I gave him due process. I do believe that he didn’t meet the threshold.”
The court heard details of the incidents referenced by gardaí in refusing the application.
Mr Smyth was given the benefit of section 1.1 of the Probation of Offenders Act in relation to an assault charge relating to an incident in August 2022. While Mr Smyth did not receive a conviction, the judge in the matter found the facts proven. This matter is subject to a judicial review in the High Court and Chief Superintendent Sheridan said that the investigation was ongoing when she made her decision.
Louis Riordan and John McConville were working as Department of Agriculture inspectors in August, 2017 when they visited Smyths Veterinary Services near Convoy for the purpose of obtaining some records.
It was outlined that Mr Smyth became “immediately very aggressive” when he arrived on the scene. Details of the incident were outlined and Mr Smyth said this was a “fabrication from the outset”.
Mr McConville said he recalled that the discussion “went from amicable to explosive” when Mr Smyth arrived on the scene.
The department officials went to Lifford garda station and asked Garda Gerard Hardiman to note their interactions with Mr Smyth, but did not make a formal complaint.
The following day, Mr McConville was accompanied by a uniformed garda to collect remaining records.
Detective Garda John O’Sullivan told the court that he pulled into a filling station in Letterkenny on August 28, 2021 and noticed a dash master light in the front of a Donegal-registered black Landcruiser.
Detective Garda O’Sullivan outlined that his subsequent conversation with Mr Smyth became “very confrontational”.
“Everything I said, he questioned me back,” Detective Garda O’Sullivan said, noting that Mr Smyth informed him that he was a paramedic in Northern Ireland at the time.
Mr Smyth told the court that he is a registered person to provide an ambulance service and can use a blue light in certain circumstances.
“It was just a conversation and it got very heated,” Detective Garda O’Sullivan said.
The court also heard from a couple, Jay Ayton and Elaine Kelly, who outlined an incident with Mr Smyth at the veterinary practice on December 7, 2021 after Ms Kelly’s dog, Bailey, was treated.
Mr Smyth told Judge Mitchell that he accepted that his choice of words in insults he directed at the customer, Ms Kelly, were inappropriate.
“You will only be berated for so long until you say something back,” Mr Smyth said.
Judge Mitchell asked Mr Smyth if he had a hot temper and he replied: “Everyone has a temper. It’s just a matter of if there is a short fuse.”
Mr Smyth later added about the incident: “I felt it was inappropriate and not very gentlemanly and going in and closing the door would have been a much better idea, but we learn.”
Mr Smyth said he has previously worked as a security officer, is a Commissioner of Oaths and was called to the Bar in 2023.
Mr Smyth told the court that he is a Christian, has never taken alcohol or drugs and has never smoked, while he has acted as chief ambulance officer and member in charge of the Rossnowlagh Twelfth – an annual Orange Order parade held on the Saturday before July 12th in the County Donegal village.
Mr Smyth said he felt that he had to appeal the matter as, otherwise ‘it would have retained a record that damages my good name”.
He said that it was his contention that there was “no good name” for the refusal of a renewal of the license. He said he did hold a number of firearms for 14 years and did so “without issue to public safety”. He told the court that he is “trained appropriately” in the use of firearms and has secure storage.
He said the reasons for refusal were “generic” and Judge Mitchell agreed that there should have been more comprehensive reasons outlined.
Judge Mitchell said he found the evidence of the Department of Agriculture inspectors and Detective Garda O’Sullivan “more persuasive”.
Judge Mitchell said he also found the evidence of Ms Kelly credible and persuasive while Mr Smyth, he said, “displayed tension” in relation to the incident with Mr Ayton, who recalled Mr Smyth producing “a badge” and informing him that he could place him under arrest.
Mr Smyth’s behaviour on that occasion was, said Judge Mitchell, “inappropriate and unacceptable” and was the cause of the escalation to the point where gardaí were called.
As well as vet Dr Lesley Trenier from Smyths Veterinary Service – who is also Mr Smyth’s ex-wife – Mr Smyth called a number of character witnesses: Mr Martin McDaid, a first aid practitioner with the Irish Red Cross; vet Dr George Bularca; veterinary nurse Ms Shauna McBride; friend Mr Graeme Moore; Ms Lyndsay Pettigrew, who is now engaged to Mr Smyth; the appellant’s twin brother Samuel; and businessman John Charles McCrudden.
Judge Mitchell remarked that he places “limited value” on references and said the court could only make its decision based on evidence and could not have regard to suspicion or speculation.
Judge Mitchell said that no application was made by gardaí to revoke the licence of Mr Smyth even though there were incidents noted, and he said there was no issue with regard to a firearm being either used or abused in the course of the incidents.
The Judge said he was “only just” coming down on the side of Mr Smyth, but said that the matter should be considered a “wake-up call” for the applicant, who should now reflect on his behaviour and recommended that gardaí bring forward a revocation application if there were any further incidents.
Judge Mitchell acknowledged that Mr Smyth showed recognition and appreciation that things could have been done differently and that a possible threat to public safety, as outlined by An Garda Síochána, “didn’t quite make it”.