Accused Men Intend To Contest Offaly Halting Site Firearm Charges

The alleged offences took place on March 21st in Tullamore.

Two men charged with possessing firearms with the intention to endanger life at a halting site in Tullamore, Co. Offaly were remanded in custody when they appeared at Portlaoise District Court yesterday afternoon.

Before the court were Patrick Ward (38) from 7 Kilcruttin Halting Site, Tullamore and John Ward (41) from Bay 6 Kilcruttin Halting Site, Tullamore.

Both were charged with the offences that allegedly took place on the halting site on March 21st.

Garda Detective Andrew Dolan said when Patrick (‘Pa’- ‘SpongeBob’) Ward was arrested charged and cautioned he replied, “no comment”.

He told the court:

“At approximately 12 minutes following a violent disorder incident outside the entrance of the Midland’s Regional Hospital in Tullamore on March 21, a number of males entered the unofficial halting site in Tullamore on foot, and a number of shots were fired on both property and persons, resulting in two injured males being removed to hospital from gunshot injuries, one of whom was Anthony McDonagh.

“He was shot in the chest with a shotgun resulting in a number of pellets being lodged directly into his chest and as a result a number remains in his chest and one pellet in his face lodged under his eye as well as sustaining a broken nose.”

Det. Dolan said: “While in the Arden View Estate in Tullamore Anthony McDonagh’s wife flagged down Sergeant Colm Coffey and Garda Tom Dunne who were responding to reports of shots fired. Six minutes after being shot, Det. Dolan alleged: “Anthony McDonagh informed them that Patrick Ward had shot him,” and on 8 April made the same allegation in his statement to gardaí.

Det. Garda also said that the Anthony McDonagh alleged that Patrick McDonagh also fired shots at his 12-year old son during the course of the alleged incident.

The court was told that the defendant Patrick Ward is in a relationship with Anthony McDonagh’s sister.

Counsel for the accused David Nugent BL clarified that Mr Ward had not been involved in the incident at the hospital.

Mr Nugent asked, if his client had been involved in the alleged incident, why did gardaí not detain him, as he was available for a number of weeks to gardaí?

Det. Dolan said that Mr McDonagh made a statement to gardaí following his release from hospital a week and a half later and made his official statement on 8 April.

Mr Nugent said the only statement of complaint “was from one man. There’s no guns, no CCTV footage and no forensics,” to which Det. Dolan replied: “A shotgun was discharged and evidence of shotgun shell located at the crime scene, and clearly gunshot wounds to Mr McDonagh’s chest.”

“That doesn’t prove that my client pulled the trigger,” said Mr Nugent.

Det. Dolan said that both parties live about 300 meters from each other and that there has been no incidents since that night.

Taking the stand Anthony McDonagh said on Friday 21 March about 10pm that night, “I was just about to go to bed, one of the girls came running saying that  the Wards were attacking. I went out to see what was happening. I saw a crowd of fellas. The kids were running and that’s when I got a blast into my chest. I turned and went into the caravan and sat on the side of the bed. My wife ran into the caravan, more shots were thrown at her, but never hit her. They passed by my door and then another Ward had a slash hook and was breaking the caravan.”

Mr McDonagh alleged that Mr Ward was holding a shotgun at a distance of about 30 to 40ft when he was allegedly shot.

Asked by Garda Sergeant JJ Kirby whether Mr Ward has spoken to him at the time, he said: “When I was getting into the car with my wife after I had been shot, I turned and said to him, ‘SpongeBob you’re trying to kill my wife and kids.’ I ran back out and someone was shouting kill Anthony, kill Anthony.”

“I felt instant pain. I panicked. I thought that I was going to die. I tried to look to where my kids and my wife were. I was brought to Tullamore hospital and then transferred to Saint James’s and in ICU for over a week and in hospital for 11 days. I was glad the guards brought me to hospital. They saved my life,” said Mr McDonagh.

Asked by Mr Nugent how many men he saw enter the site, Mr McDonagh replied that he wasn’t sure.

Asked by Judge Bernadette Owens how many people had he seen with guns that night, he replied that he wasn’t sure, “but I do know that somebody else was shot over the far side.”

Garda Detective David Hannon said that when John Ward was arrested, charged and cautioned he made no reply.

Det. Hannon told the court that he too had been on duty on the night and that Michael McDonagh made a statement that he had been allegedly shot by the accused from a distance of about 30ft.

He said that Mr John Ward has been known to the alleged victim for the past 13-years as his sister is in a relationship with Mr Ward’s brother.

Asked by Sgt. Kirby why it had taken so long, on 8 April, to obtain a statement from Mr Michael McDonagh, Det. Hannon said: “After the alleged incident he was in hospital for a prolonged period from the injuries he sustained.”

He confirmed to Mr Nugent that the accused had been cooperative during the interview with gardaí and that he provided an alibi of a man that he had been with at the time of the alleged incident.

Mr Nugent said that there is no evidence that Mr McDonagh had been involved or linked to, in any type of alleged incident that night, but that of a statement from Mr Michael McDonagh.

Taking the stand Mr McDonagh said he recalls the night and at about 10pm he was outside his brother’s caravan.

He said: “One of the children shouted there’s a crowd coming. I saw a bunch of lads coming in on top of us. I got my two sons and pushed them into the caravan. When I turned after closing the caravan door John Ward was in front of me about 20ft away. He raised the gun and shot me. I managed to get back into the caravan. When I looked down I saw all the pellets in my chest and I started to bleed. My wife brought me straight over to Tullamore hospital and the next morning I was in St. James’s hospital and in the ICU for the first few days.”

Mr Nugent said that both his clients have the presumption of innocence and would vehemently contest he charges.

Judge Owens remanded both men in custody to appear again at Tullamore District Court by video link on Monday.