A convicted murderer and former provisional IRA member with a violent past will not be allowed a licence for a shotgun, a court has decided.
Angelo Fusco, 61, of Kilflynn Co Kerry had accepted his prior convictions in this jurisdiction and in another jurisdiction "for very serious offences", Judge David Waters said at Tralee District Court.
Mr Fusco had come before the court to appeal a refusal by a Tralee Garda Superintendent to grant him a shotgun licence.
"The applicant had also admitted being a member of an illegal organsiation and associating with known members of that illegal organisation," Judge Waters said.
On that basis Judge Waters dismissed the appeal against the decision of Tralee Supt Jim O'Connor to refuse Mr Fusco a licence for a Bakial Shotgun.
Angelo Fusco was convicted in his absence in Belfast Crown Court on 12 June, 1981 and received six 99-year sentences in relation to possession of firearms with intent, being a member of a proscribed organisation, murder and attempted murder following an incident on 2 May, 1980 at Antrim Road Belfast where he was surrounded by the Security Forces.
SAS Captain Herbert Richard Westmacott was on duty outside the house and was shot dead, Supt O'Connor replied to state solicitor Aidan Judge.
Mr Fusco and others were arrested, but on 10 June, 1981, days before the court case, he escaped and used a firearm during that escape.
Supt O' Connor said: "I am of the view past behaviour is a great indicator of future action. This man's past has been violent, murderous, and he has no respect for human life and cannot be allowed carry a firearm."
Solicitor for Mr Fusco, Padraig O'Connell referred to peace agreements including the Good Friday Agreement and put it to the Superintendent that in refusing the licence to Mr Fusco he was "in a historical time warp."
Supt O’Connor said he did not agree: "Murder is murder," he said.
Angelo Fusco said he was now a married grandfather of eight, and had come to Tralee, Co Kerry in 1981 on the run and had worked as a painter and decorator.
He wanted the licence for a single barrel shotgun because he kept poultry, and lived in the country and insisted he wanted a licence in order to join the local gun club "to pursue sport."
Character witness for Mr Fusco, Martin Ferris TD, said he had first met him in 1981 when he escaped from Crumlin Road prison and had come to Kerry with his wife and children, as did a number of other escapees.
"Angelo Fusco is a very loyal, very honourable, honest person," Mr Ferris said.
After a short recess to consider, Judge Waters dismissed the appeal.
