Man who purchased stun gun on Wish receives prison term at Longford Circuit Court

A man who had a stun gun in his home has been sentenced to 15 months in prison following a hearing at Longford Circuit Court this morning. The prison sentence was backdated to February last year, when the accused first went into custody.

Vytautas Siaulys (44), of 43 Auburn Park, Edgeworthstown, pleaded guilty on Monday to a charge of unlawful possession of a firearm, namely a stun gun.

Detective Garda Damien McGovern, giving evidence, confirmed that he was on duty at Longford Garda Station on February 23, 2021, when two civilians attended at the station to make a complaint against Mr Siaulys.

On foot of those complaints, Detective Sergeant Keelin Brennan began making enquiries to ascertain the identity of the accused.

On February 23, 2021, Det Sgt Brennan acquired a search warrant from Judge Seamus Hughes at Longford District Court and executed the warrant the following morning when Det Gda McGovern and a number of Garda colleagues went to the address of the accused.

Following a search of a TV unit on the premises, the weapon was discovered by Detective Garda Seán Galvin who described it as a stun gun.

“When you arrested the accused, you cautioned him and he replied via an interpreter, ‘I have no firearm’,” said prosecuting barrister, Shane Geraghty.

“Yes,” Det Gda McGovern confirmed.

“When asked why he had it (the stun gun), he said ‘I don't know’ and ‘when scrolling through Wish, it came up as free’,” said Mr Geeraghty, asking Detective McGovern to explain to the court what exactly Wish was.

From his understanding, Detective McGovern explained that Wish is a website “where you can buy anything from a needle to an anchor”.

The court heard that Mr Siaulys had a number of previous convictions which included a number of offences of a violent nature.

“We’re not challenging the context of his previous convictions,” said defence barrister, John Shortt. “He received eight years in prison for what the judge described as ‘premeditated murder’ in 2002. From my instruction, that was a manslaughter situation.”

The list of previous convictions also included incidents of causing intentional bodily harm to another, threats to kill, causing physical pain or minor health impairment, as well as a number of driving offences, theft and fraud. None of these occurred in Ireland.

Mr Siaulys was also before the courts in Waterford, the court heard, but enjoyed a “presumption of innocence” regarding all charges unless proven guilty.

A ballistics report was prepared and DPP directions were issued in January to add the possession of a firearm charge to the indictment Mr Siaulys was already facing.

“The weapon is a stun gun which can give an electric shock, so it is a dangerous weapon, but not a lethal weapon,” said Mr Shortt.

“He has been in custody for almost a year and in his time spent in Ireland, he does appear to have been gainfully employed.

“Unfortunately for him, there isn't a right to carry a weapon. It is a privilege and you have to have a licence and he may not have been aware of that.”

Detective McGovern accepted that the accused may not have been aware of the requirement.

“Does he need a licence to have a taser?” asked Judge Comerford.

“I’m not sure but legislation puts it as a firearm,” Detective McGovern replied.

Mr Shortt noted that there are “more serious matters under investigation” but asked the court to accept that a plea of guilt was made.

“He has been in custody for the last 12 months and he hasn’t found prison to be easy," he said.

“Due to Covid restrictions, he couldn’t have prisoner visits but he has completed a number of courses including English classes. He is involved in sports and he attends the library.

“He accepts he ought to have had a licence but I’m asking the court to consider how he came into possession of it and he took full responsibility for it.

“He has been in gainful employment and he desires to go back working as a qualified mechanic. He aspires to be a law-abiding citizen in this country and put his past behind him so he can commence a new life with his partner.”

After taking some time to consider the evidence, Judge Comerford noted the charge was for possession of a firearm in Mr Siaulys’ own home.

“The firearm is a firearm for the purpose of legislation but I accept its nature is that of a stun gun which it is illegal for someone to possess,” he said.

“It is a non-lethal weapon which will inflict pain and shock on a person but not major injuries so it is not as serious as a knife. But nonetheless, it is a crafted weapon and from that point of view it’s a more serious matter that it is designed to inflict pain on people.”

Judge Comerford stressed that Mr Siaulys is completely innocent of any other charges until he is proven guilty and pending charges therefore "cannot infringe upon sentencing".

“The accused person, since coming to Ireland, has not been guilty of any criminal conduct other than this,” he said.

“In this case, I have a crafted weapon in the possession of someone who has been convicted of no crimes in Ireland but does have violent crimes in his past.

“He was found guilty of murder and of causing intentional bodily injury. In those situations, he was far younger and I don’t think they should be index offences in this sentencing.

“But there are more recent offences. On November 25, 2015, he was convicted of three separate charges - two for causing physical pain or minor health impairment and another for threats to kill or seriously hurt a person. It is a circumstance that has to affect the court’s consideration.

“I have to consider the explanation offered as to why the accused was in possession of this weapon,” Judge Comerford continued.

“His explanation wasn't satisfactory - he said he got it for free on the Internet. Even so, he still chose to get a weapon. In those circumstances, I have to regard this as not an insignificant possession.”

With that in mind, Judge Comerford said the offence attracted a headline sentence of 27 months before mitigation.

Taking into account the plea of guilt, the fact Mr Siaulys made full admissions of ownership when questioned by Gardaí and the fact he has led a productive life in Ireland to date, Judge Comerford noted that the accused was “not on the Garda radar” locally prior to the assault allegations made at Longford Garda Station in February of last year.

“I’m going to accept he has worked productively and hasn’t been a cause of concern to Gardaí in Longford but he is someone who has potential and who will work productively,” he said.

He also noted Mr Siaulys has already been in custody with consent to bail for almost one full year.

“I think the appropriate thing to do is to impose a sentence to time served,” he said, handing down a sentence of 15 months, which has been backdated to February 25, 2022.

A destruction order was made for the firearm.

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