Chawke trial ends in drama as attacker pleads guilty
Frank Ward pleaded guilty to intentionally causing serious harm to publican Charlie Chawke at his pub the Goat's Inn
The trial of a man charged with shooting publican Charlie Chawke during an armed robbery was dramatically halted after he changed his plea to guilty on all counts.
Frank Ward (51), of Knockmore Avenue, Tallaght, was on trial on five charges arising out of the robbery and shooting at Chawke's pub, the Goat's Inn, Goatstown, on October 6, 2003.
He pleaded guilty on the afternoon of the second day of his trial to intentionally causing serious harm to Mr Chawke, robbery of €48,652 in cash and cheques, possession of a shotgun with the intention to commit robbery and two counts of possession of a shotgun with the intention of resisting arrest at the pub and at Stillorgan Heath on October 6, 2003.
Judge Patrick McCartan told Ward that he had taken "a sensible attitude in light of the evidence that was emerging" and remanded him in custody for sentence in two weeks time.
He discharged the jury at Dublin Circuit Criminal Court after they had heard evidence from Mr Chawke and several garda witnesses who identified him as the man they had pursued after the shooting.
Pleas of "not guilty" had initially been entered on Ward's behalf to all the charges following a refusal by Ward, who was defending himself, to plead on the grounds that he believed he was illegally before the court.
Ward's co-accused, Larry Cummins (54), was given a 15-year sentence in July last year for his role in the offences.
In opening the case for the prosecution, Patrick McCarthy told the jury that the men had acted in joint enterprise in the "well planned and organised operation."
Mr Chawke told the court he was getting into his silver Mercedes outside the pub with a bag containing cash and cheques from a number of his premises when he noticed, in the driver's mirror, the two men running towards him from a red Volkswagen.
He said the man who got out of the driver's side had a shotgun hanging from his shoulder on a strap and opened the driver's door of his car with the gun pointing downwards and said; "Give me the f**king money."
Mr Chawke said he saw an opportunity and "dived" for the gun but missed and fell to the ground. The man said: "You are a f**king smart ass" before he took aim from a distance of 12 inches and "blew my knee away."
He was taken to hospital where his right leg was amputated five days later.
Mr Chawke denied during cross-examination by Ward that he had "as a businessman" sought to use the situation to take advantage of an 'ODC' -- an ordinary decent criminal.
Garda Nigel Burke told the court he was in patrol car stopped at traffic lights outside the pub when he heard a loud bang and saw a man running away from a person lying on the ground beside a silver car.
He said he ran after the man -- Ward -- who got into the driver's seat of a red car and grabbed him in a "bear hug".
Ward shouted "shoot the c**t" to Cummins, who pointed a gun at him and Garda Burke backed off.
Garda Burke said that before the car fled the scene his colleague, Garda David Sweeney, was able to break the rear window with his baton.
They chased the car through Stillorgan until they came to a cul-de-sac at Stillorgan Heath when Cummins pointed a gun at the patrol car through the broken window but no shots were fired.
Garda Burke said the garda car stopped some distance away as the two men jumped out of the car, turned to face the patrol car with shotguns raised.
Ward fired at the patrol car, shattering the front windscreen before both men ran down a laneway.
The two gardai chased the men down the laneway, meeting a group of screaming school girls running away and a man on a bicycle.
Garda Sweeney took the bike off the man and continued to chase the two men. He said he saw the men pushing the shotguns through a fence and when he rounded a corner he saw the two men standing in bushes.
The two gardai, with the help of the cyclist, arrested the men and handcuffed them together.
Sergeant Michelle Gettings -- who was driving the patrol car which was chasing the men -- said she was "in fear of my life" when Ward fired on the patrol car.
She saw a "spark" in front of her face when the pellets hit the windscreen and ducked down. She denied a suggestion by Ward during cross-examination that she would lie under oath to secure a conviction.
When asked by Ward if she could be mistaken in her identification of him and why he had not been asked to take part in an identification parade for this purpose, she told him: "You were caught red-handed".
Ward made a number of applications that were rejected by Judge McCartan. These included an application to have Mr Chawke's statement ruled inadmissible, an application to have the robbery charge struck out, that the shotguns were retrieved by gardai illegally and that his arrest was illegal.
Judge O'Donnell praised the members of the gardai who had apprehended Ward and Cummins as displaying "tremendous courage."
