Two men found guilty of assault over Achill quarry row

Altercation in quarry leads to convictions for two Achill men


Two Achill men have been found guilty of assaulting each other after an incident at a quarry on the island last year.
Adrian McDonnell of Ballinlough, Keel, Achill, and Fergal Gallagher of Dooagh, Keel, Achill, both appeared before Achill District Court on Thursday last after Judge Mary Devins had adjourned the case at an earlier court to consider the matter.
On September 12 last, the court heard that the incident is connected with a long-running dispute over two quarries on the island.
Both men were charged with assaulting each other at Bunnacurry, Achill, on October 12 , 2012.
Adrian McDonnell told the court he went to the Gallaghers’ quarry in Bunnacurry at 7.30am on the day in question because he believed ‘illegal activity’ was going on at a quarry there.
He told the court that no license was in place at the Gallaghers’ quarry and that he had gone to Bunnacurry to take photographs of the removal of stone.
He said Gallagher told him to leave and that when he continued taking photos, Gallagher grabbed him, pushed him and punched him a number of times. Mr McDonnell pushed Gallagher away and he said that Gallagher ‘threw’ himself on the ground.
Fergal Gallagher told the court on September 12 that he had been at the quarry since 5.50am, as he was supplying rock fill for the monastery project, for the St Colman’s Day Care Centre and the HSE. He said McDonnell arrived and started taking photos.
He said he tried to grab McDonnell’s camera. He said McDonnell hit him and he fell to the ground, at which stage McDonnell hit him again. Gallagher said he received black eyes, a bloody nose and cuts and lost the contract soon after.
Garda Martin O’Reilly told the court there had been a long history and several calls about incidents at the Bunnacurry quarries.
Last Thursday, Supt Aiden Foley told the court that his view was that each accused should be bound to the peace. Judge Mary Devins said this could be ‘meaningless’, but Supt Foley said what he wanted was this saga not to be before the court again in two months time.
James Ward, solicitor for McDonnell, said his client would agree to such an order. Judge Devins said she felt McDonnell’s actions on the day were provocative. Dermot Morahan, solicitor for Gallagher, said his client feels he was on the receiving end.
Judge Mary Devins said this was a small community and everyone ‘wants peace between warring factions’. She said she doesn’t want this to get worse and for someone to be seriously injured or even a fatality. She rose from the bench and asked both parties to consider being bound to the peace.
When the court resumed, Dermot Morahan told Judge Devins that Fergal Gallagher was ‘not amenable’.
James Ward said Adrian McDonnell was amenable but added that there were complaints to the gardaí of ‘ongoing issues’ but he was prepared to deal with the matter in the manner suggested by the judge.
Judge Devins said that McDonnell was guilty and recorded a conviction of assault against him. She added that Gallagher was guilty of technical assault and convicted him.
At this stage Gallagher asked if he could address the court but Judge Devins told him that was what his solicitor was for. She adjourned the case to January 9 next for sentencing.