Gardaí 'unable to search crowd' before graveyard shooting

Gardaí were unable to search an assembled crowd of up to 80 travellers outside a Sligo cemetery on the day a traveller was fatally shot in the back at a family funeral, the Central Criminal Court has heard.

Inspector James Curry said he told one of the accused, Mr Michael "Hitler" McDonagh snr at Ballymote cemetery that gardaí wished to search the crowd for weapons.

"He told me I shouldn’t allow the Wards in Ballymote".

But before gardaí could begin their search of the crowd, two white vans arrived and the majority of the crowd ran in the direction of the van, Inspector Curry said.

Five members of one family have denied the murder of Mr Patrick "Deuce" Ward on May 10, 1999 at Carrownanty cemetery, Ballymote, Co Sligo before the funeral of his uncle.

Mr Michael "Hitler Bumbee" McDonagh snr (aged 58), Mr Martin "Bumbee" McDonagh snr (aged 53), Mr Michael McDonagh jnr (aged 29), Mr Patrick McDonagh (aged 33) and Mr Martin "Spider Bumbee" McDonagh jnr (aged 26) from Hertfordshire in London have all denied the murder of Mr Patrick "Deuce" Ward.

The five also deny the attempted murder of Mr Patrick "Jaws" Ward snr, Mr Patrick "Jaws" Ward jnr and Mr Edward "Ned" Ward on the same date.

Mr "Deuce" Ward, (aged 38), a father of six originally from Galway but resident in Manchester had travelled to Ireland for the funeral of his uncle, in Ballymote, Co Sligo on May 10 1999 when he was fatally shot.

On the day of the funeral in Ballymote of Mr "Skillet" Ward (aged 47) from Ballymun in Dublin, gardaí in Sligo had organised a policing plan for the funeral. There was a heavy garda presence on the roads around the graveyard with gardaí checking all vehicles for weapons.

Insp. Curry said the two white vans "turned with great speed" when they saw the assembled crowd and sped back in the direction of Ballymote.

"I was anxious that we would search the crowd prior to going into the graveyard," Insp. Curry said. The Inspector admitted to the jury that gardaí were unsuccessful in searching the crowd.

At 2.07pm on the day of the fatal incident, Insp. Curry said a "green hi-ace van approached from the Tubbercurry side. The majority of the group ran towards the van".

In evidence last week, the court heard that Paddy "Jaws" Ward snr, his son and his daughter-in-law travelled in a 99G hi-ace Toyota van to the funeral on 10th May 1999.

"A crescendo of noise" ensued, Insp Curry said. "Damage was being caused to the van," he said.

Less than five-minutes later, the Inspector heard "two shots being discharged".

With that, two further police officers arrived on the scene in a patrol car.

"Then I heard four shots being discharged, one after another," Insp. Curry said.

The vehicle, he said was being "attacked by a group of people".

"The front seating of the can was on fire", which the Inspector extinguished with a jacket. He told the court that as he was putting the fire out the van, it was still being attacked by a number of people.

He then heard another shot being discharged. "The later shot came from the general direction of two gardaí who were with a group of people", Insp. Curry said.

Under cross examination by Mr Fergal Kavanagh, acting on behalf of Mr Michael McDonagh snr, the Inspector said: "From a policing perspective, I know there were difficulties between these two families," referring to the Wards and the McDonaghs.

He said he knew the gardaí were "in difficulty" at the graveyard. "I knew we weren’t going to be able to search them. The crowd were moving, circuling", he said under cross-examination.

Insp.Curry said he was "extremely concerned at that time".

Detective Sargeant Thomas Farragher also told the jury about a green hi-ace van being attacked by a "hostile group of men". Stones and an iron bar were being used, the detective said.

The situation he said was "out of garda control". "They continued to attack the vehicle oblivious to gardaí", he said.

Detective Sgt Farragher said he heard a "loud bang" and saw a man running down the footpath holding a pistol.

"I had a clear view. He was on his own coming from the Tubbercurry direction. I saw him discard a weapon into the hedgerow," he said. The gunman then "intermingled" with the rest of the group.

The Detective Sgt said he went to attempt to arrest him. But as he did, he was "surrounded by a group of 20-30 males".

"I told him I wanted to talk to him. They pulled the man who held the gun away from me. I had no option but to let it go," Detective Sgt Farragher said.

The Detective Sgt showed the jury the same gun he took from the hedgerow. "It is a .22 Browning pistol with a wooden grip," he said.

The trial continues before Mr Justice Iarfhlaith O’Neill.