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Anthony Gaffney (25), of Cloonmore Avenue, Tallaght, Co Dublin, was found not guilty of the single charge of intentionally or recklessly engaging in conduct creating a substantial risk of death or serious injury to another on 12th September 2009 on 5th July on day two of the trial following one hour and 34 minutes deliberation. Mr. Gaffney had pleaded not guilty to the charge and specifically that he did not recklessly intend to cause any harm. In his statement to Gardaí, which was read out in court Mr Gaffney admitted shining the laser at the helicopter but claimed he was unaware of the harmful effect his actions could have had.

In evidence before Judge Patricia Ryan and a jury of six men and six women, Captain Colm Duffy, a helicopter pilot with the Garda Air Support Unit (GASU) told Noel Devitt, prosecuting, that on the night of the incident he and his crew were called to the Blessington Road area of Tallaght between 12.30am and 1am to help in the search for a missing person. While hovering at a height of 1,000 feet he was “dazzled” by a green laser, which caused him to temporarily lose his vision and to remove his hand from the controls of the aircraft in an effort to block out the laser. He was then forced to bring the helicopter to a higher altitude of 1,700 feet to combat the effect of the laser which continued to follow the aircraft. “When a laser hits the windscreen it glares and makes it very difficult to see. I can’t fly the aircraft if I can’t see,” he said. Detective Garda Adrienne Condon, a Garda crew member that night, said that immediately following a green light hitting the windscreen of the helicopter she observed Capt Duffy raising his arm and looking “uncomfortable and distracted”. She said she then suffered pain to her eyes as well as a temporary loss of vision. The court viewed, video evidence, taken on night imagery equipment from the helicopter which showed a green light coming from the back of a house which was later identified as being Mr Gaffney’s.

Garda David O’Riordan agreed with Vincent Heneghan, defending, that Mr Gaffney fully co-operated with Gardaí and immediately apologised to the crew of the helicopter when the potential consequences of his actions were explained to him. He also “made no attempt at evasion” and was at all times polite to the Gardaí.

Judge Patricia Ryan told the jury that it was not the State's case that Mr Gaffney had acted intentionally but that he acted recklessly and said that the legal definition of recklessness was a conscious disregard of a substantial and unjustifiable risk. She told the jury they must be satisfied beyond a reasonable doubt that the accused had adverted to and disregarded the risk. Accordingly, the jury found Mr Gaffney not guilty.