'As if you were Clint Eastwood in a film' - Man fined for imitation gun on waistband

A man has been fined at Thurles District Court for carrying a prop gun in his waistband on a train.

Emil Barchesan, 37, of Sheilas Hostel, 3/4 Belgrave Place, Wellington Road, Cork was charged with possession of a realistic imitation firearm at Templemore Train Station on July 21, 2023.

The arresting guard told the court that on the day, gardaí were alerted to an incident involving a male carrying a firearm on a train between Cork and Dublin.

A witness was sitting opposite the defendant, who was asleep. As the defendant moved in his sleep, his jacket rode up, exposing what appeared to be a gun in his waistband.

The court heard that the witness took a photo of the gun and alerted security. Staff stopped the train at Templemore Station and told the passengers they would be delayed because of technical difficulties.

The guard told the court that they considered the incident a ‘serious situation’ and an operation was put in place by Templemore and Thurles Garda Stations, including members of the Armed Support Unit.

The defendant was arrested and taken to Thurles Garda Station. The gun was confiscated, but a ballistics report showed that the gun was an imitation firearm, the court was told.

The guard told the court that Mr Barchesan cooperated fully with them and answered all the questions asked of him. The defendant told gardaí that he boarded the train at Kent Station in Cork and intended to depart in Mallow to visit friends, but he fell asleep.

Solicitor acting for the defendant Paddy Cadell, argued that his client collects imitation guns and it was never his client’s intention for a member of the public to see this piece.

He told the court that his client was taking the gun back to Romania the following day but missed his flight after the guards detained him for three nights.

He said imitation guns are legal to buy both in Ireland and Romania and this one had been purchased in Killarney for €240. Mr Cadell told the court that his client had lost his job as a result of the incident.

STAND

The defendant told the court that the gun was not classed as a firearm. He said he and his father attend a firing range in Romania and collect guns.

Mr Barchesan said he never intended to use the gun as weapon, and nobody knew he had it.

He had taken it with him in case anybody had entered his hotel room in his absence. He also told the court that he had made all the necessary arrangements with the airport to transport the imitation gun.

He told the court he was unemployed as a result of his face being shown on the news on his arrest.

“I lost three jobs because of this,” said Mr Barchesan.

Clint Eastwood

However, Inspector James White of Thurles Garda Station said that was not the case. He told the court that garda inquiries had found that Mr Barchesan had lost his job prior to the incident.

The defendant denied this. Inspector White asked the defendant why he had not just carried the gun in a bag.

“So you are saying the plan was put it in your waistband as if you were Clint Eastwood in a film?” said the Inspector.

The inspector put it to the defendant that it was very difficult for a member of the public to see the difference between the imitation gun and real firearm.

He said it was ‘irresponsible’ for the defendant to carry the gun in the way that he had.

He asked Mr Barchesan what he would have done had someone entered his hotel room while he was there.

The defendant told the court he would point the gun at an intruder to protect himself.

“I have worked in other countries. I’ve been cut. I’ve been stabbed,” said the defendant.

JUDGEMENT

Judge Elizabeth MacGrath said it was clear the man was in possession of an imitation gun that looked and felt, in its weight, real.

She said an item like that should not be carried in public. The judge acknowledged that the defendant intended to take the item back to Romania but said she did not find his ‘excuse’ reasonable.

Mr Cadell asked that in light of his client having no previous convictions, that he be given the benefit of the probation act.

However, Judge MacGrath said:

“There is a huge onus and responsibility on a person who owns an item like that. I’m not dealing with it in any other way.”

The judge convicted Mr Barchesan and fined him €250.