Man asked to mind shotgun, burn car, and give alibi, jury hears

Witness admits giving false statements for shooting accused

A witness has told a jury that the man accused of a shooting in Galway city earlier this year arrived at the witness’s house that same night asking him to mind a backpack containing a “sawn-off shotgun”, to burn a car used in the incident, and to act as an alibi.

The trial of Anthony McDonagh (42 ) of Tulach Ard, Circular Road, continued at the Galway Circuit Court yesterday where a witness, PJ Doherty admitted under oath, that he had given gardai “two false statements” in order to protect his wife and children.

Anthony McDonagh denies the charges of being in possession of a shotgun and shotgun cartridges with intent to endanger life and to the charge of intentionally or recklessly causing serious harm to Martin Ward (26 ) of Corrach Buí, Rahoon, on April 18, 2008, at Whitestrand Road, Salthill.

PJ Doherty told the jury that he had known the brother of the accused through his dealings as a part-time car seller. At 1.45pm on April 18 he got a call from the brother telling him to deliver a black VW Polo to a house. Then at around 10.10pm that night there was a knock on Mr Doherty’s door and when he opened the door he saw that Anthony McDonagh and his brother were waiting.

Mr Doherty explained that the accused “threw a backpack on the doorstep” and told him to mind it. When he asked what was in the bag he was told it was a “sawn-off shotgun”. When Anthony McDonagh asked him to burn the car, Mr Doherty said that he would not until he was paid the money he was owed. The accused, who had been wearing a black jacket, then asked Mr Doherty to be an alibi. When questioned Mr Doherty told the court that Anthony McDonagh had asked to use a phone, borrowed a top, and had “used baby oil to get rid of gun powder”. Later that night, Mr Doherty got received call telling him to drive down to the hospital to check if there was “much of a crowd”.

When the trial began last Tuesday the jury had been told that 21-year-old Martin Ward and another man Joe McDonagh, had joined their friend Michael Ward during his Chinese take-away deliveries. When they reached Whitestrand Road at 10pm, Michael Ward got out of the van, went to a house with the food, and Martin Ward was shot has he remained in the van. The court heard Martin Ward looked to his right and down the barrells of a black double shotgun, and heard the accused roar at him, “you’re gonna get it now”. Although the assailant had been wearing a black balaclava Martin Ward said he had recognised his facial features, his “distinctive build”, and his voice. He was shot while trying to get his safety belt out of the holder and was hit in the hand, stomach, and leg. The hand had been badly damaged as the “thumb was completely gone and the index finger was hanging off”.

When the trial resumed yesterday, Martin Ward showed the extent of his injuries to the jury and still maintained that he had recognised the voice of the accused. After he was shot he tried to escape by climbing over Joe McDonagh and getting out of the passenger door. He then ran to the house where Michael Ward was making the delivery and was taken to hospital.

The court then heard how Martin Ward and the accused had not been on speaking terms because of a number of assaults to family members. However, senior counsel for the defence Bernard Madden said that: “There are a lot of people with the same build as Anthony McDonagh. You’re only too happy to point him out because you have a long standing grievance with him and he happened to be the man who fitted the profile.” Martin Ward denied this, stating that he was 100 per cent sure that Anthony McDonagh was the shooter.

Michael Ward, who had been the driver of the van, gave evidence that he was about to be paid for the delivery when he heard Martin screaming ‘Don’t shoot me Anthony’. After he heard the bang and the screaming he said that Martin ran towards him and he had seen a car taking off towards the Crescent. He then put Martin in the van and drove to the hospital straight away as he was losing a lot of blood.

During cross examination, Mr Madden put it to Michael Ward that in his statement to the garda at the hospital he said he “never saw a shooter or a getaway car”. However, in his statement the next day there was suddenly a mention of a “small red or maroon car taking off behind” his van. Mr Madden also put it to the witness that he had not seen any car.

“Are you saying Martin shot himself,” Michael Ward fired back.

“I’m saying there was a shotgun in the van and it accidentally discharged and shot him,” replied Mr Madden, who added that perhaps the reason they had “scooted off” so quickly was because they “didn’t want the gardai to find the shotgun”. Michael Ward strongly denied this.

Joe McDonagh, who had been sitting next to the van’s passenger door, then gave evidence that he too had recognised the voice of the accused. He said that Martin’s injury was so bad they couldn’t wait to go to hospital and that he had roared: “Why has Anthony McDonagh shot me?”

Under cross-examination, Mr Madden put it to the witness that the resident of the house would testify that he had been “quite calm about the whole thing”. He said that Joe McDonagh had become more and more reluctant to give details of the shooter when questioned by gardai at the hospital and that what he was saying now was a “tissue of lies”.

The trial continues today.

 

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