Not ‘one scintilla’ of support for evidence of alleged victim of attempted murder, defence counsel says
by Fionnuala Walsh
There is not ‘one scintilla” of support for the evidence of an alleged attempted murder victim and his identification of his assailant is “dodgy in the extreme”, a defence barrister told the Central Criminal Court yesterday.
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.
Under cross-examination, father-of-eight Michael McDonagh said he was "100 per cent" that the accused man John Pio Ward had shot him in the chest. He did not accept that on the night of the attack, he "didn't have a clue" who had shot him and denied telling lies to the jury about the level of his certainty.
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 Wednesday, Michael O'Higgins SC, for John Pio Ward, said that Michael McDonagh does not have one "scintilla of support" for his allegation.
He said that the identification of John Pio Ward by Michael McDonagh was an issue and was what counsel would describe as “dodgy in the extreme”. He said that the evidence fell "way below" the acceptable standards.
Mr O’Higgins said that following the shooting, there was a “very seriously flawed” investigation, which he described as “amateur hour”.
Mr O'Higgins previously put it to Michael McDonagh that he was willing to name another man to gardai on the night of March 21 as the person who had stabbed him in a separate earlier incident, but hadn't named John Ward as the man who had shot him at the unofficial halting site.
"I don't remember having that conversation with the guard," the witness had replied.
Mr O’Higgins said on Wednesday the simple reason that John Ward was not nominated in the first instance, was because Michael McDonagh “didn’t have a notion who shot him”.
He highlighted that Michael McDonagh initially told the authorities he was "90 per cent sure" in his identification but later told the court he was “100 per cent sure” John Ward shot him.
Mr O’Higgins said that the identification evidence was unsupported by any other evidence and that Michael McDonagh was just asserting this “in a vacuum”.
He said that the jury had heard a man "lie under oath and without compunction".
Mr O’Higgins suggested that the two alleged victims collaborated when the statements emerged. He said that there was a “very strong similarity” in the accounts of the two men, even though it was a scene which was completely chaotic.
Counsel told the jury that it was difficult to think of a greater antithesis of what is required to convict.
Mr Justice Paul McDermott told the jury that the prosecution is seeking to prove the cases based on recognition evidence.
He said that there were dangers involved in visual identification and that there have been a significant number of cases in the past in which identification had proved to be erroneous.
He said that the jury must exercise caution in relation to recognition evidence. He said that they must have regard to the circumstances in which the recognition purports to be made, considering factors such as the lighting, the distance, the time for recognition and if the circumstances were too traumatic.
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.
Mr Justice McDermott will continue his charge to the jury of seven men and five women today (Thursday), when it is anticipated the panel will begin their deliberations.