A 52-year-old man has been jailed for two years for his role in an “eruption of violence” that occurred at the burial of an elderly woman in Co Galway.
At Galway Circuit Court, Judge Brian O’Callaghan said “fear and terror” was created when two feuding families clashed in a violent disturbance at Tuam cemetery in September 2021.
Up to 30 gardaí from Tuam, Galway city, the Armed Regional Support Unit and the Traffic Corps had to attend after fights broke out between members of the McDonagh and Ward families.
The court heard that a priest, whose pleas for calm fell on “deaf ears”, had to hide behind trees to avoid injury amid scenes of “chaos”.
Details of the incident were heard at the sentencing hearing of the father of nine, John ‘Smurf’ McDonagh Snr, of Weir Road, Kilbannon, Tuam, Co Galway.
Following a five-day trial earlier this month, a jury found him guilty by unanimous verdict of violent disorder in relation to an incident that occurred at Tuam Cemetary on September 22 2021.
The court heard two separate funerals took place in the town that day, those of Martin Ward, a man in his 30s and Teresa ‘Tessy’ Ward.
Garda John Kelly of Tuam Garda Station told prosecuting counsel, Conall MacCarthy BL, that a number of the extended members of the Ward family attended the burial of Martin Ward and remained to attend the burial of their neighbour Tessy Ward.
He said the funeral cortège of Tessy Ward entered the cemetery and the members of the McDonagh family who attended the funeral in Tuam Cathedral, were assisting in carrying the coffin to the gravesite.
Gda Kelly continued: “On reaching the graveside at approximately 3.30pm, a violent disturbance broke out between members of the McDonagh family participating in the cortège and other persons present in the graveyard at the time, namely members of the extended Ward family.
“This eruption of violence commenced just as the coffin containing the remains of Tessy Ward were being removed from the hearse. There were weapons such as knives and baseball bats produced.”
The trial heard evidence from Fr Ray Flaherty, who was officiating at the burial of Tessy Ward. He said how he pleaded with all concerned to desist from violent behaviour but that his words fell on deaf ears.
He described how he had to take refuge behind some trees to avoid being injured as large stones and rocks were being used as projectiles.
The court heard that seven people were hospitalised with injuries with one man had to be airlifted to University Hospital Galway.
Judge O’Callaghan said the events that took place “were nothing short of disgraceful and an abomination”.
He said there was evidence before the court that John McDonagh Snr and another man were “leaders of the pack” and the accused was a “senior member of the cortège”.
The judge noted that the violence took place in the presence of children.
He said: “It took place at a public place. Imagine someone else in that graveyard on that day, going to say hello or say a prayer over a grave, to be faced with this obnoxious conduct.”
The judge said the court also took into account the accused’s five previous convictions are of some “vintage” and his last conviction was in 2001.
He said the aggravating factors in the case included the level of disturbance and the extent of the unlawful violence.
“They were totally oblivious to everyone else in this world. The Wards and the McDonaghs existed and nobody else…We heard evidence that traffic was congested as there were children coming out from school,” he said.
The judge said the incident was “pre-meditated” and created “fear and terror”.
Judge O’Callaghan said the court had no option but to proceed on the basis that a custodial sentence was warranted.
However, he said the court would acknowledge that some efforts had been made to keep the peace between two feuding families since the graveyard brawl.
He imposed a four-and-a-half-year prison sentence with the final two and a half years suspended, subject to conditions.
