Not "an iota" of evidence to support testimony of father of five, defence counsel tells trial
by Alison O'Riordan
There isn't "an iota" of evidence to support the testimony of a father of five who described to the Central Criminal Court how he had "locked eyes" with his sister's partner, who is alleged to have then shot the victim outside his home.
Two brothers are on trial charged with trying to murder another pair of brothers at an unofficial halting site in Co Offaly last year.
Patrick 'Pa' Ward (38) of Kilcruttin, Tullamore, is charged with attempting to murder Anthony McDonagh (40) at the unofficial halting site on March 21, 2025. John Pio Ward (42) also of Kilcruttin, is charged with the attempted murder of Michael McDonagh (46) at the same location on the same date.
Anthony McDonagh has told the trial that on the night of March 21, up to 15 people from a neighbouring official halting site descended on the "unofficial" site where he lived with his family.
Anthony has described "locking eyes" with Patrick Ward before the accused man shot him in the chest.
Father-of-eight Michael McDonagh has told the trial he is "100 percent" that the second accused, John Pio Ward, shot him in the chest.
The two victims were shot in the chest, neck and face - with pellets from a shotgun "embedded" in their bodies next to vital organs.
In his closing speech on Thursday, Kevin White SC, prosecuting, said there was a lot in the case that wasn't in dispute, including that five men were involved in a violent altercation at 9.50pm on March 21 outside Tullamore Hospital - three members of the Ward family, who are first cousins of the two accused men, as well as the victim Michael McDonagh and his son Arthur.
Mr White said there is no dispute that four of those men were charged with violent disorder arising out of this incident, including Michael's own son Arthur McDonagh. He said the victim Michael McDonagh was not charged.
The barrister said that Anthony and Michael McDonagh were attacked at the unofficial halting site sometime before 10.12pm that night, when a 999 call was made to emergency services.
"It's a halting site not a house, that's where they lived, where they called home and I don't think you will treat it any differently than if it was your own home."
Mr White said that Anthony and Michael were "riddled" with shotgun pellets, suffering injuries that could have killed them. The barrister said that the firearms and ammunition used at the unofficial site were never recovered.
What was in dispute, Mr White stated, is the recognition evidence given by the McDonagh brothers, which he said the defence argue is "wrong".
"The defence position isn't so much that the two men are mistaken, it goes much further than that. They say 'you're not mistaken, we are saying you are lying, the two of you are colluding together to falsely accuse us'".
He went on to say that the case wasn't a perfect one for the prosecution, as no one was arrested at the scene and there was no CCTV footage or maps of where the incident took place.
Mr White asked the jury to consider whether the McDonagh brothers came across as "actors" when they gave their evidence, willing and determined to tell untruths. "Did they come across as spiteful men, vengeful even.... or do you think they came across as two men who had suffered a very traumatic incident, who were emotional and being honest."
He asked where the collusion was between the two victims, which is contended for by the defence. "Where is the axe to grind against Patrick and John Pio Ward?".
The prosecutor suggested that if the victims were colluding, then they hadn't supported each other's identification. "They are not seeking to corroborate each other, which is unusual for two men who are supposed to be colluding together".
The lawyer said Anthony McDonagh testified that he had recognised Patrick Ward, as his face was uncovered, and that he had known him for years as the defendant was in a relationship with Anthony's sister Eileen.
"Anthony said he observed Patrick with a gun, that they clapped eyes on and looked at each other, that Patrick lifted the shotgun and discharged it directly at him."
Mr White asked the panel to remember how close Anthony got to Patrick Ward, with the victim having asked the accused: "Spongebob [his nickname], are you trying to kill my family?"
Counsel said Michael McDonagh recalled taking refuge in a caravan and seeing John Ward raise a gun and shoot him as he reached out to close the door. He said Michael was very clear that John Ward, who he had known for years, had shot him.
He added: "Consider how well the McDonagh brothers knew these men. Patrick and John Pio were not at the hospital, so why name them unless they were the person who shot you? One of the easier things to do is to nominate one of the three guys up at the hospital if they did have an axe to grind".
Mr White asked the jurors to return guilty verdicts on each of the three charges against the two accused men.
In his closing address, defence counsel Damien Colgan SC, for Patrick Ward, submitted that there was not "an iota or shred" of other evidence to support the testimony given by Anthony McDonagh.
"You are relying solely on the word of Anthony McDonagh that Pa Ward shot him".
Counsel submitted that Anthony had no idea who shot him and that he had lied to the jury on a number of occasions. He said it was "clear as a pike staff" that Anthony was behind a fence when he was shot. "In an area where he can't positively identify anybody, not to mention Patrick Ward".
He said it was very important when "truthful and forceful" defence witness Eileen McDonagh testified that, if she had thought for one moment that her partner 'Pa' had shot her brother Anthony, she wouldn't be with him.
Mr Colgan asked the panel to find his client not guilty of all charges.
Both accused men face further charges of the possession of firearms and violent disorder at Kilcruttin halting site on the same date. The two accused have pleaded not guilty to all charges.
The trial continues next Wednesday before Mr Justice Paul McDermott and a jury of seven men and five women.