Jurors in attempted-murder trial break to vote

Jurors hearing the trial of two men accused of attempting to murder members of a Traveller family will vote in the General Election tomorrow morning before retiring to consider their verdicts.

Jurors hearing the trial of two men accused of attempting to murder members of a Traveller family will vote in the General Election this morning before retiring to consider their verdicts.

Martin McDonagh (aged 31), and Patrick McDonagh (aged 42), of Dunsink Lane, Finglas, Dublin have pleaded not guilty to the attempted murder of Robert Gavin, John Gavin and Patrick Gavin at St Dominic’s Park, Belcamp Lane, Coolock on New Year’s Day 2005.

The pair has also pleaded not guilty to possession of a shotgun and intentionally or recklessly causing harm to Robert Gavin on the same day.

To ensure the jury of nine men and three women have time to vote this morning, Mr Justice Paul Carney said yesterday, he would continue his charge to them in the Central Criminal Court at 11am today.

Closing speeches from defence counsel yesterday centred on inconsistencies in witness’s evidence and the dangers of visual identification.

The two families had been feuding over a damaged caravan and the court heard Patrick McDonagh had gone to the Coolock site to make peace, but he denies having driven a silver car back into the site for the shooting.

Martin McDonagh denies being at the halting site on New Year’s Day, 2005.

Mr Martin Giblin SC, for Martin McDonagh, said the case turned on visual identification from witnesses who were, on the day, terrified out of their wits with a gun pointed at them.

‘It’s a reasonable possibility that the Gavin’s are mistaken in saying they identify Martin McDonagh as the gunman,’ Mr Giblin said.

Mr Paul Burns SC, for Patrick McDonagh, said there were inconsistencies in the witnesses evidence from the speed of the car to the clothing witnesses said the men were wearing.

‘With respect if some of the evidence would be farcical if it wasn’t such a serious matter for my client,’ he said.

Mr Justice Carney told the jury the prosecution relied on a ‘joint venture’ situation where it was alleged the two men had set out to commit the crime together and whoever drove the car was equally as guilty as the person who fired the gun.

The case rested entirely on visual identification, he said.

Mr Justice Carney will continue his charge to the jury this morning.