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Sentence depends on compensation payment

This article is from page 20 of the 2014-02-04 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 20 JPG

THREE men found guilty of attacking a car while a religious ceremony was underway at Drumcliff graveyard will learn next week if they are go to prison.

Michael Doherty (52), Patrick Doherty (34) and James Galbraith (45) were convicted in December (2013) of criminal damage.

They were ordered by Judge William Early to pay € 7000 compensation to the victim.

Judge Early said if the money was paid, he would recommend a six month suspended sentence for each accused.

Finalisation of the case was adjourned to January 22, 2014 when the court heard that compensation had not yet been paid to the victim.

In December Ennis District Court heard mother of two Kathleen Maughan was visiting her husband’s grave when her Ford Focus car was damaged in a violent incident at Drumcliff cemetery.

Ms Maughan told the court she saw three men armed with slash hooks and hatchets alight from vehicles and attack her car on March 24, 2013.

Ms Maughan, who is from Ennis but now lives in Cork, was one of a group of 20 people attending a blessing of the graves ceremony.

Ms Maughan said, “I’m terrified to come to Ennis.

“I’m terrified to bring my children to see their father’s grave”, she added.

The court heard there was a feud between Traveller families in Clare at the time.

Ms Maughan said she had nothing to do with the dispute, which involved members of her family.

“I wasn’t fighting with them at all. I was terrified”, she explained.

The court heard € 7000 worth of damage was caused to Ms Maughan’s car.

Michael Doherty and Patrick Doherty, both with addresses at St Michael’s Park, Ballymaley, Ennis and James Galbraith, formerly of Lissaniska, Ennis and now living in Bettystown, Meath, all denied the charge of criminal damage.

But after hearing the evidence, Judge William Early said, “I believe the evidence of Ms Maughan.

“I believe she is telling the truth, therefore it must follow that I find them guilty as charged.”

Judge Early said it seemed to be the case that Ms Maughan was a “victim of one of these wretched family feuds that are all too common in the traveler community”.

There was a heated conclusion to the case.

A flurry of insults were fired at Ms Maughan from people sitting in the gallery.

A 41-year-old woman, who was later ordered to pay a contribution to charity after pleading guilty to a public order charge, told Ms Maughan she would “bite her nose off”.

Mr Galbraith told Judge Early he would not pay the victim.

“You can send me to jail, Judge. I won’t give her 10 cents. You can put me in jail now,” he said.

The case came before Judge Patrick Durcan on January 22.

He asked if compensation was available.

Solicitor for Patrick and Michael Doherty, Daragh Hassett, said it was not.

The case was further adjourned to January 28 to fix a date for Judge Early to finalise matters.

On Tuesday, the case was adjourned to February 11 when Judge Early will pass sentence.

All three accused were remanded on continuing bail.

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