Repeat of tensions feared in Nally retrial

IT was one of the most high-profile cases in recent legal history and its potential to expose tensions, between Traveller and settled communities, are set to be repeated.

The near-muted reaction to the Court of Criminal Appeal’s decision to order a retrial of Co Mayo farmer, Padraig Nally for the unlawful killing of Traveller John Ward provided a good barometer of the general dread among all sides of having to relive the harrowing experience of the original trial.

The case is unlikely to come before the Central Criminal Court again until next spring, but already there are indications that it will provoke further controversy. Traveller groups have voiced concern that justice will only be served if the new trial, unlike the original one, is held outside Co Mayo.

Inside the courtroom, the ruling, which saw Mr Nally’s conviction for the manslaughter of Mr Ward being quashed, was notable only for the total absence of any outward display of emotion by the bachelor farmer and his supporters.

The original trial had attracted an unprecedented level of publicity largely because it highlighted the fears of people living in isolated parts of rural Ireland of becoming victims of crime, as well as the distrust that can be directed at Travellers by members of the settled community.

It also raised the thorny legal question of the level of justifiable force that can be used in self-defence.

Debate about the opposing arguments of Mr Nally’s actions in shooting Mr Ward with his legally-held shotgun frequently threatened to become another Saipan, in its ability to divide public opinion.

Political parties were also not immune from suffering some fallout from the case, as Fine Gael faced accusations of exploiting the trial for its own purposes, after the party’s chief whip Paul Kehoe and MEP Jim Higgins said they would have behaved just like Nally if confronted with a trespasser in similar circumstances.

A support group, which had planned to stage a mass public rally in support of Mr Nally in Athlone last November, was cancelled in a bid to avoid it being branded part of an anti-Traveller campaign.

In contrast, yesterday’s brief session was largely devoid of the tension that had built up around last year’s trial, which resulted in Mr Nally being sentenced to six years in prison for the manslaughter of John Ward on October 14, 2004.

Mr Nally was led quietly into the Court of Criminal Appeal in handcuffs, accompanied by a prison officer. Dressed in a dark blue jacket, open-neck white shirt and black trousers, he looked outwardly relaxed, as he was joined by his only sister, Maureen, a teacher from Ballina, Co Mayo.

He displayed no outward sign of emotion as the presiding judge, Mr Justice Nicholas Kearns read the critical extract of an 18-page judgement which ruled that the original trial jury should have been allowed to consider that Mr Nally had acted in self- defence.

The farmer maintained his quiet demeanour as the judge quashed his conviction and ordered a retrial.

Mr Ward’s widow, Marie, did not attend the court, although a spokesperson for the Traveller organisation, Pavee Point, said her family were distraught at the prospect at having to experience the details of his death yet again.

Maureen Nally and her brother’s supporters declined to comment on the outcome of the ruling.

It remains unclear if he will return to his 65-acre farm at Funshinaugh Cross near Claremorris.

Although extra garda patrols were placed in the area while Nally was awaiting trial, it is uncertain if the need for such security measures still exists.

However, the tragic events that took place there almost two years ago might mean that Mr Nally will never call the modest farmhouse home again.