A convicted bomber — released under the Good Friday Agreement — has been handed community service after he was caught attempting to renew a passport in the name of a man who died in 1986.
Donal Gannon was ordered to complete 240 hours of community service.
Gannon (58) was convicted in London in July 1997 for conspiracy to cause explosions and received a sentence of 35 years imprisonment.
Dublin Circuit Criminal Court heard that he was released in 2000, under the terms of the 1998 peace deal, and that he is “a full supporter of the peace process”.
Gannon told gardaí that he falsely obtained the passport as he wanted to climb a mountain in the US and did not believe he would be admitted entry with his own passport.
Detective Garda Padraig Hanley told the court that he did not find this explanation “plausible”.
Gannon, of Shelton Drive, Kimmage, Dublin, pleaded guilty to providing information and documents which were, and he knew to be, false and misleading in connection with a passport application for the renewal of an Irish passport in the name David O'Brien at an unknown location in the State on an unknown date between May 7, 2017 and May 30, 2017.
He also pleaded guilty to using a false instrument at Kevin's Street Garda Station, Kevin's Street, Dublin 8, on May 7, 2017.
Passing sentence today, Judge Melanie Greally said that, since being released from custody, Gannon has led “what can only be described as an exemplary life”.
Judge Greally said the accused has a successful business, a good family life, pro-social interests and that excellent testimonials were submitted before the court. She said his skills and attributes would be best applied in a community setting.
She added that these are offences of a kind where general deterrence is an important consideration. She said it was “a finely balanced case” in which a court would be justified in imposing a custodial sentence.
Judge Greally ordered that Gannon complete 240 hours of community service within 18 months in lieu of three years imprisonment for the offence of providing false documents in connection with a passport application.
She also sentenced Gannon to three years imprisonment for the offence of using a false instrument, but suspended the entirety of the sentence on strict conditions.
Micheal O'Higgins SC, defending, said his client was released under the Good Friday Agreement in 2000 having been in custody in relation to the charge of conspiracy to cause explosions since 1996. He said his client is “a full supporter of the peace process”.
Counsel said his client had climbed three mountains which are part of the “Seven Summits” between 2001 and 2005 and that he wished to climb the next mountain on this list, which is in Alaska. He said this was when his client applied for the passport.
Mr O'Higgins said that his client then began to climb the Alps and other mountains in Europe and that his aspiration to climb the mountain in Alaska waned.
Counsel said his client has managed to build up a number of investment properties which provides him with an income from rent. He said his client has one daughter and that Gannon was adamant in his instructions that there is “no risk of reoffending”.
At a previous sentencing hearing, Detective Garda Padraig Hanley told Anne-Marie Lawlor SC, prosecuting, that in August 2017 he became aware of what appeared to be a false application.
Det Gda Hanley said the application in question was for the renewal of a passport in the name of David O'Brien with a date of birth of July 23, 1963. He said that Mr O'Brien was killed in a road traffic accident in 1986.