A WOMAN whose husband was gunned down outside their home due to resentment at the couple operating a bed and breakfast business has brought a High Court action for damages over his murder.
Margaret Madden suffered a heart attack as her husband Terence bled to death after he was shot twice 13 years ago, the High Court was told.
Ms Madden, Monasteraden, Ballaghaderreen, Co Roscommon, has sued the men involved in the ambush and death of her husband, a 52-year-old father of three who died when a bullet severed an artery in his leg after he was shot on January 28th, 1999.
The action, before the court for assessment of damages only, is believed to be the first of its kind where damages are being sought by the family of the victim of a contract killing. Yesterday Ms Justice Mary Irvine was told a grudge by one of the men over the Maddens running a bed and breakfast business near his own mother’s B&B was behind the early-morning attack.
Michael Doohan, who is serving life for the murder of Mr Madden, later claimed he had ordered a punishment-style beating for Mr Madden and had asked that Mr Madden’s legs and arms be broken, Eanna Mulloy SC, for Ms Madden, outlined.
Doohan, a soldier at the time, had claimed he told the attacker to stay away from Mr Madden’s head. An upfront payment of €600 was made and a further €900 was to be paid after the attack.
Ms Madden has also sued Michael Joseph Herron, Chapel Street, Ballyshannon, Co Donegal, and Patrick McGrath, Cuilpruglish, Gurteen, Co Sligo, who are serving life sentences for the murder. A fourth defendant, Thomas Derrig, Culfadda, Ballymote, Co Sligo, died two years ago and the case is now against the representatives of his estate.
Derrig had pleaded guilty to possession of a sawn-off shotgun in suspicious circumstances in October 1998, the gun used in the Madden murder. He received a three-year sentence which was suspended.
Doohan was in court yesterday. McGrath and Herron were not but the judge was told they had indicated they would abide by any order made.
Ms Madden claims she has not been able to run her B&B business since her husband’s death and has suffered personal injuries and nervous shock arising from the killing. She is seeking aggravated and punitive damages alleging assault, battery, intimidation and conspiracy and also wants the court to restrain the men from moving from the jurisdiction or concealing their assets.
Ms Justice Mary Irvine will rule the sum of damages next Tuesday.