Man jailed for role in ‘eruption of violence’ at Galway graveyard

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 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 John McDonagh Snr guilty by unanimous verdict of violent disorder and not guilty of assault causing harm and the production of an article during a dispute.

They related to an incident that occurred at Tuam cemetary on September 22, 2021

The court heard two separate funerals took place in Tuam on the 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 member of the McDonagh family who attended the funeral in Tuam cathedral, were assisting 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. There was evidence (at the trial) from Garda Fiona O’Connell and Garda Malachy Burke that they witnessed weapons being produced”.

“Fr Ray Flaherty was in attendance at the graveyard on the day of the burial of Tessy Ward. He described in his evidence to the court the events that he saw unfold. Fr Flaherty described the incidents as being like chaos.

Fr Flaherty described how he pleaded with all concerned to desist from their violent behaviour but his words fell on deaf ears.

He himself 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 airlifted to University Hospital Galway.

Gda Kelly told the court that his colleague, detective garda Alan Sheerin, testified that he observed John McDonagh Snr in the cemetery at the time of the violent disorder.

The court was told John McDonagh Snr and six other members of the McDonagh family were charged with violent disorder.

Gda Kelly agreed with defence barrister, Bernard Madden SC, that none of the weapons produced on the day were produced by John McDonagh Snr.

The garda also agreed with Mr Madden that mediation between the families 20 years ago “held together fairly well” prior to the latest “feud”.

Prosecuting counsel, Conall MacCarthy BL, asked what has been position between the families since September 2021.

Gda Kelly said, “There’s been a couple of minor incidents but nothing anywhere near what happened on this particular date”.

The accused’s brother, Edward McDonagh, a boxing coach who had no involvement in events at Tuam cemetery, told the court that attempts to mediate the feud were made after the incident.

Edward McDonagh said he had been involved in numerous meetings with a mediator, a garda inspector and the former Mayor of Tuam.

He said, “Everything was going well. The mediator was happy because there was no incidents and everything was calm. They were very happy and very pleased with it….They’re still happy it’s going the right way. It’s progressing very well.

In sentencing, Judge O’Callaghan said the court was dealing with the case of John ‘Smurf’ McDonagh Snr.

“I use the word smurf intentionally because that’s what was put before this court and put before the jury to distinguish this man from another McDonagh family living in the city”, he added.

Judge O’Callaghan said the events that took place at Tuam graveyard “were nothing short of disgraceful and and 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 word apology has not been heard by this court. The word remorse has not been heard by the is court.”

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”.

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”.

He imposed a four and a half year prison sentence with the final two and a half years suspended, subject to conditions.