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‘Fair play to my sons’

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Mere moments after a judge appealed to both sides to end an ongoing in-family feud, one member of the families indicated that the dispute may not be over anytime soon.
Martin ‘Tash’ McDonagh and his brother Johnny McDonagh, both of The Big Isle, Manorcunningham, Letterkenny, Co Donegal, were found guilty in relation to a number of charges after they attacked their cousins at their grandfather’s funeral in Ballyhaunis last year.
Judge Rory McCabe remanded both in custody to next October for sentencing after a jury found Martin and Johnny McDonagh guilty on four and three counts respectively.
A large number of the McDonagh family, from both sides of the dispute, were in court last week for the three-day trial.
Judge McCabe appealed to both sides to end the dispute, warning that otherwise, ‘it will be passed onto your children and they and your children’s children will be before the courts too’.
He also urged those in court to walk out and go home peacefully after the court was concluded.
However, moments later as both brothers were led away in handcuffs to prison, their mother made comments that could be clearly heard by everyone in the court.
“You still have your eyes and you have your fingers and this won’t stop you doing it again. Fair play to my sons,” she cried.
The trial of the two brothers had heard that one of the victims’ fingers was almost completely severed during the incident at the funeral while another victim had sustained a wound to his right eye.
Martin ‘Tash’ McDonagh was found guilty of violent disorder, two counts of assault causing harm and of production of an article capable of causing serious injury. He was found not guilty of a separate charge of production of an article.
Johnny McDonagh was found guilty of violent disorder, one charge of assault causing harm and production of an article capable of causing serious injury. He was found not guilty by a jury of a separate charge of assault causing harm and criminal damage.
Bail applications were refused and both men were remanded in custody for sentencing in October and the preparation of probation reports.
A third brother, Owen McDonagh, pleaded guilty prior to the trial to charges facing him from the incident.

Fighting at funeral
The trial related to violent incidents on the day of the funeral of Martin ‘Redbreast’ McDonagh in Ballyhaunis on May 16, 2016. He was grandfather of both of the accused and, also, their victims.
Martin ‘Tash’ and Johnny McDonagh’s first cousin Martin ‘Screech’ McDonagh and his brother Thomas McDonagh both received serious injuries when they were attacked on Abbey Street and Devlis in Ballyhaunis on the day of the funeral.
Martin ‘Tash’ McDonagh pleaded not guilty to violent disorder, assault causing harm to Thomas McDonagh, two counts of assault causing harm to Martin ‘Screech’ McDonagh, and two counts of production of an article.
Johnny McDonagh also pleaded not guilty to violent disorder, criminal damage, production of an article and assault causing harm to Thomas McDonagh and Martin ‘Screech’ McDonagh.
Thomas and Martin ‘Screech’ McDonagh were travelling in the same car on the way to their grandfather’s funeral Mass when they were deliberately rammed by a car driven by Tash McDonagh in Ballyhaunis town.
They told the trial that they ran, as they feared for their lives and were attacked by the two defendants.
Thomas McDonagh said he was struck twice in the head with a slash hook by Johnny McDonagh. He suffered a fractured skull and received 17 stitches. He added that when he tried to protect himself, the blade struck his little finger, which was left attached by just a piece of skin. He said he was not hit by Tash McDonagh and the judge directed a not-guilty verdict on this charge.
In his evidence, Screech McDonagh said he was caught by Tash McDonagh and that Tash ordered his brother, Owen McDonagh, to kill him. He said Owen had a machete in his hand and swung at him, but he managed to protect himself with his hand.
The court heard the two brothers managed to escape to a nearby Topaz filling station, where Thomas McDonagh received treatment for his injuries.
Screech McDonagh said he looked outside and saw no danger, so he made his way back to the scene of the attack. However, he said he was spotted by his cousins who then chased him. He tried to escape by jumping over the wall of a cottage.
He said he was then apprehended by his cousins and that Tash McDonagh hit the side of his face with a wheel brace. He said he thought he was going to die.
He was hit again by Tash, and received kicks to his whole body. He said he recognised the voices of other brothers who were there.
Screech McDonagh suffered two fractures to his left eye socket, a wound to his right eye, a broken nose and a badly swollen jaw.

Feud
The court heard that a feud had existed between the cousins for the previous six or seven years, with Screech McDonagh claiming it was over a bare-knuckle fight between Tash McDonagh and Screech’s brother Charlie.sHe claimed that Tash had a reputation for being a good boxer, while his brother did not, and that Tash was embarrassed, as he was beaten.
The jury returned verdicts on the ten charges before them after deliberating for just over two hours.
Both men applied for bail. Counsel for Martin ‘Tash’ McDonagh, Patrick O’Sullivan, said his client could raise €3,000 in cash bail to ‘help alleviate any concerns’ about the granting of bail. After an instruction from his client, Mr Sullivan said ‘at a push my client could raise, at the most, €5,000’.
“This is not an auction house,” replied Judge McCabe.  
Judge McCabe pointed out that the violence in the case was ‘of an extremely high level’ and that it ‘had to be a very fine decision’ by the Director of Public Prosecutions not to take an attempted murder charge.
Both men were taken to prison, and gardaí, who were present throughout the trial, stood guard while members of both sides of the dispute left the courthouse.

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