Offaly men will get bail if firearms are surrendered to gardai

TWO men will be granted bail if they surrender firearms to the gardai, a judge decided at Tullamore District Court.

John Pio Ward (41) and Patrick Ward (37), both with different addresses at Kilcruttin Halting Site, Tullamore, appeared in custody before Judge William Aylmer yesterday (Wednesday, July 2).

Sandra Mahon, Offaly State Solicitor, told the court the DPP had directed prosecution by indictment and the book of evidence would be available on September 3.

In relation to John Pio Ward, Detective Garda David Bannon gave evidence of arrest, charge and caution and said Mr Ward had no reply when charges were put to him.

He is accused of violent disorder and being in possession of a firearm with intent to endanger life on March 21 last in Tullamore.

Detective Garda Bannon said there had been an incident at the Midland Regional Hospital in Tullamore on the night of March 21 and afterwards there was another incident at the unofficial halting site in Kilcruttin.

The garda said he opposed bail and it would be alleged that John Pio Ward shot Michael McDonagh in the chest at the unofficial halting site.

He added that Michael McDonagh had made a statement identifying John Pio Ward as the man who shot him after between 12 and 15 men arrived at the unofficial halting site.

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David Nugent, BL, for John Pio Ward, said if admitted to bail the accused man would observe strict conditions, including signing on in a garda station and living in Galway instead of Tullamore.

Detective Garda Bannon said the gardai would not be satisfied if John Pio Ward was granted bail subject to conditions.

Michael McDonagh told the bail application hearing that when he heard a crowd was coming to the halting site he put his two sons into their caravan and when he was standing at the door John Ward lifted a gun, pointed it at him and shot him in the chest.

Mr McDonagh said he “100%” knew it was John Ward. He knew John Pio Ward since 2012.

Mr McDonagh had pellet wounds in his chest and face as a result of the shooting and was brought to Tullamore Hospital and then to St James's Hospital.

Mr Nugent called a witness, Lindsay Lowbridge, who said when she visited her friend Eileen McDonagh in the official halting site between about 8.55pm and 11pm on March 21 she saw John Pio Ward at his bay from the hut she was in.

Asked by Sergeant Brendan Kearns why she had not said this previously, Ms Lowbridge said she was a bit afraid and did not come from the Travelling community herself.

She said nobody had asked her to come to court and give her evidence and she knew John Pio Ward because she worked in the nearby Applegreen store and would see him every other day.

Replying to Judge Aylmer, Sergeant Kearns said that while pellets had been recovered, shotguns had not been and it was suspected two firearms had been discharged that night.

Judge Aylmer decided to remand John Pio Ward in custody with consent to bail to appear in court again on July 9 on condition bonds and an independent surety were entered.

In addition, it is a condition of bail that the accused man surrender or procure the surrender of all firearms, certified or uncertified, he or his family had, including any used on March 21.

John Pio Ward is also to reside at an address in Galway city and sign in at the local garda station each Monday, Wednesday and Friday and have no contact with alleged injured parties.

Mr Nugent said his client denied having any firearms but Judge Aylmer told him it was “uncontested” that there had been a discharge of at least one firearm.

Detective Garda Andrew Dolan outlined similar charges in relation to Patrick 'Pa' Ward and objected to bail.

Detective Garda Dolan said it was alleged that Patrick Ward had shot Anthony McDonagh on the night of March 21 last at the unofficial halting site. Patrick Ward is in a relationship with Anthony's sister Eileen, he added.

The garda stated that Patrick Ward had said “Shoot him again, kill Anthony” and it would also be alleged that a round was discharged at Anthony McDonagh's son.

Detective Garda Dolan said that while searches had been conducted for firearms they had not been recovered.

A statement was taken from Anthony McDonagh after some time was given for him to recover from his injuries in St James's Hospital, injuries which the gardai believed had been life threatening for a period.

Anthony McDonagh gave evidence that he had been standing outside his home in the unofficial halting site when he was shot in the chest with a shotgun by Patrick Ward. He was “100%” sure the man who shot him was Patrick Ward and he had been struck in the lung, heart, shoulders and nose by pellets.

Anthony McDonagh said that after he was shot he went to the back of his caravan and Patrick Ward tried to get into it with another man, Sean Ward.

Mr Nugent, for Patrick Ward, said he would not be calling any evidence but said his client was also willing to live in Galway. He pointed out that his partner was just two-and-a-half weeks away from having a baby.

Judge Aylmer remanded Patrick Ward in custody with consent to bail with similar terms as John Pio Ward.

Three more men were also before the court in connection with alleged incidents on March 21.

Gardai opposed bail being granted to Michael Ward (30), Kilcruttin Halting Site, who was accused of producing an article in the course of a dispute outside the A&E department of Tullamore Hospital.

CCTV footage from the incident was played in court and gardai alleged that a knife had been brandished by Michael Ward.

The court was told that Michael Ward had been on bail prior to this week's court appearance and had not breached the conditions. He had even come to court for a variation of the conditions on the day of his mother's funeral.

Judge Aylmer granted Michael Ward bail and remanded him to appear in court again on September 3 next.

Sean Ward, Kilcruttin Halting Site, a brother of Michael, was before the court on similar charges and gardai also alleged he could be seen in CCTV footage.

Judge Aylmer also granted him bail and remanded him to September 3.

Finally, Richard Ward (27), also of Kilcruttin Halting Site and accused of violent disorder, was remanded on continuing bail to appear in court on the same date. Gardai had no objection to bail in his case.

The DPP had directed trial by indictment in cases of Michael, Sean and Richard Ward, the court was told.