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Jury discharged in family assault case

This article is from page 14 of the 2010-02-16 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG

THE jury in the trial of five brothers accused of assaulting a cousin — who was allegedly “kicked into a state of unconsciousness” – has been dis- charged, after a half day’s evidence was heard.

The five men had denied assault causing harm to John McDonagh at John Paul Avenue, Ennis, on March 28, 2009. They also denied a charge of violent disorder on the same date.

The accused were Michael (36), Edward ‘Ned’ (33) and David (24) McDonagh, of 20 John Paul Avenue; Gerard McDonagh (26), Bramble Lane and Jason McDonagh (25), Dun na hInise, Ennis.

One of the accused, Michael Mc- Donagh, also denied having a spade, at John Paul Avenue. He also denied producing a knife in the course of a dispute at Shalee Drive, Ennis, on WeComct- NO sloMOFsIKom

Edward McDonagh denied a charge of possession of a plank of wood, at John Paul Avenue.

In the opening statement of the trial at Ennis Circuit Court last Tues- day, Counsel for the State, Stephen Coughlan told the jury of 11 men and one woman it would be alleged that Michael McDonagh arrived at his wife Rose McDonagh’s home at Shalee Drive, on the date in question ‘and did certain things, namely that he produced a knife unlawfully to in- timidate her”’.

“The allegation is that he took two knives from the drawer in the kitch- en. The wider family became aware of matters,” he said. Mr Coughlan said that later on that day Rose’s par- ents John and Kathleen McDonagh went to a house in John Paul Avenue “with a view to preventing any fur- ther outbreak of violence and to bro- ker some sort of peace between the parties”.

‘There ensued a series of events that led to injury,’ said Mr Cough- lan. John McDonagh was struck to the back of the head with a spade and was knocked to the ground. “While on the ground, he was hit with a plank of wood and kicked into a state

of unconsciousness,” he said.

Rose McDonagh told the trial that her husband Michael called to her house at Shalee Drive, Ennis, on the afternoon of March 28. She was there with Mary Molloy and a number of children were also present. She said her husband ran into the kitchen and then ran upstairs with two knives.

“He was roaring and _ shouting ‘Come back to me.’ He held the two knives over his head. He stabbed the wall over my head in the hall. He backed me into the children’s room,” She said.

She said her husband said to her, “TI kill you. If I can’t have you, no- one else will have you. I’ll stab you.

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“Mary Molloy was screaming and shouting. He was saying to her, ‘Ill kill you.’ He had two knives still in his hands,” said Rose McDonagh.

She said that Mary Molloy ran down the stairs and out the door and Michael McDonagh also left the house after some of his brothers ar- rived.

Rose McDonagh said that her par- ents John and Kathleen then arrived at the house. She said they told her to remain where she was “and they would go up (to John Paul Avenue) and sort things out”.

However she was alerted, a short time later, to an incident at John Paul

Avenue and she went there. “My fa- ther was there, trying to talk to them. We heard a load of screaming. My father was thrown on the road. They were all around him,” she said. She said she could not say exactly who was around her father as she “got mesmerised”’. She said her father was unconscious on the ground and “he took a big gasp of air”. She said that her mother was also on the ground.

Under cross-examination, Rose McDonagh told the court that she had been married to Michael McDonagh for nearly 10 years and they had five children. Asked had there been ten- sion between them, she replied, “He had a very bad drug problem.”

It was put to her by Michael Mc- Donagh’s barrister that her evidence was a “concoction”, but at that point the case was adjourned to Wednes- day morning after the barrister be- came unwell.

On Wednesday, Judge Gerard Grif- fin discharged the jury, after hearing a submission in the absence of the jury. “An issue has arisen which I have had to rule on in relation to a legal issue. I must discharge you as a jury. This trial will not proceed any further,” the judge told the jury.

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