Court hears that pistol ditched by accused was not murder weapon

A semi-automatic pistol dumped in a ditch by a murder accused after a shooting at a funeral in Ballymote, Co Sligo, two years…

A semi-automatic pistol dumped in a ditch by a murder accused after a shooting at a funeral in Ballymote, Co Sligo, two years ago was not the murder weapon, a jury has heard.

In the Central Criminal Court in Dublin, Mr Martin McDonagh (29), of Cherry Lane, Hemel Hempstead, Herts, has pleaded not guilty to the murder of Mr Patrick Ward (38) and to three counts of the attempted murder of Mr Patrick Ward snr, Mr Edward Ward and Mr Patrick Ward jnr, all at the funeral in Carrownanty, Ballymote, Co Sligo, on May 10th, 1999.

He has also pleaded not guilty to possession of a Browning pistol with intent to endanger life in Ballymote on the same date.

Mr Patrick Ward was shot in the back.

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The prosecution alleges that Mr Martin McDonagh was part of a common design to kill or cause serious injury to members of the "Mountbellew" Ward family.

Members of the Ward and McDonagh Travelling families had arrived to join their extended families at the funeral of Patrick Ward's namesake in Ballymote when the trouble broke out.

Det Sgt Thomas Farragher has given evidence that, during the attack on the Wards, he heard a shot and saw the accused drop a handgun in a ditch at the scene.

Det Garda John Higgins, a ballistics expert, yesterday told the trial that tests on a bullet removed from the body of the deceased showed it was of the same .22 long-rifle calibre ammunition as that fired from the Browning, but the tests showed that the fatal bullet could not have been fired from that weapon.

He told Mr Denis Vaughan Buckley SC, prosecuting, that the tests showed that telltale marks on the fatal bullet were "totally at variance with those discharged from the Browning", and he was satisfied that the bullet that killed Patrick Ward was not discharged from that weapon.

The detective said at least seven rounds were discharged from the Browning, and three live rounds remained in its magazine.

A finger mark found on the handle grip of the gun did not belong to the accused, the jury heard.

The accused has claimed that he was handed the Browning after the shooting started outside the cemetery.

In a statement, he told gardai that he accidentally discharged two rounds, one when he was handed the gun, and the second when he tried to stuff the gun down his trousers and shot himself in the groin.

The prosecution evidence concluded yesterday.

Closing speeches from the prosecution and defence will be heard on Monday before Mr Justice Smith begins his charge to the jury.