Two North Belfast men will be sentenced next week for possessing a sub-machine gun which was used to fire at an election poster.
Matthew Charles Johnston, of Carrick Hill and Eamonn Hutchinson, of Princes Dock Street, both aged 42, had previously pleaded guilty to possessing a firearm in suspicious circumstances.
Johnston further admitted possessing a large assortment of ammunition in suspicious circumstances, possessing in suspicious circumstances ammunition for military use capable of penetrating armour plating and possessing articles for use in terrorism.
In March this year, a senior judge acquitted the defendants of possessing the weapon with “intent to endanger life or cause serious damage to property”.
It was the prosecution case that both men were arrested following a surveillance operation conducted in the Westlink /Clifton Street/Antrim Road area of the city on November 28, 2017 when they were observed and recorded the movements of Johnston and Hutchinson. Johnston was seen driving an Audi A4 in North Belfast and arriving at Hutchinson’s home just before 9 pm.
A short time later the car was driven to and parked at Victoria Barracks and at 9.20pm Hutchinson was seen cycling on a bike heading to Henry Place. Both men were then seen together at Henry Place before entering a house at Carrick Hill.
They left the house at 9.55pm and at this stage Hutchinson was seen carrying a Lidl bag. They crossed the Westlink and at 10.25pm Hutchinson removed an election poster from railings which was then placed against a fence.
At this point the pair moved out of the sight of undercover officers and a short time later police heard a single gunshot being fired.
An officer saw the poster drop to the ground and the men were then seen making their way to Carlisle Square carrying the plastic bag.
They went to an alleyway at Victoria Barracks where an officer reported hearing a weapon being cocked several times.
The pair then fled the alleyway and climbed over a wall and onto Carlisle Parade. The area was searched and police seized the Lidl bag and a submachine gun.
Hutchinson and Johnston were arrested and several items were seized from Johnston’s home including a collapsible stock compatible with the submachine gun as well as assorted ammunition.
Despite refusing to answer police questions during interview, both men subsequently pleaded guilty to a charge of possessing the ‘Ingram 11’ sub-machine gun and one cartridge in suspicious circumstances. Johnston also pleaded guilty to possessing the items found in his home.
The prosecution contended that the weapon was being ‘test fired’ on the night in question.
At a hearing today (Friday) at Belfast Crown Court, a senior prosecution lawyer said that among the aggravating factors was the ‘Ingram 11’ weapon was a functioning firearm, a shot was fired in a public area, ammunition was recovered and both had criminal records.
He added that the only mitigating factor was their guilty pleas. The prosecutor said applications were before the court to have both defendants made the subject of Serious Crime Prevention Orders (SCPOs) as the Crown believed they posed a danger to the public.
However, Desmond Hutton KC for Johnston said it was “not proportionate” to impose an SCPO as his client had spent almost two years on remand, was in full time employment and there had been no further offending.
“We suggest there is nothing that indicates that he has been a danger since his release,” added Mr Hutton.
Greg Berry KC for Hutchinson said the firearm was a “poorly maintained weapon, it could only be loaded through the breach and not through the magazine and could only fire single rounds”.
He told Mr Justice Fowler that it was now five-and-a-half-years on since Hutchinson’s arrest and “there is nothing pending”.
Mr Berry urged the court to take an exceptional course and allow the defendant to continue with his liberty given the “difficulties his family and children will face if he is imprisoned”.
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