A MAN whose sister in law and niece were shot dead in 1988 by John Gallagher has rational grounds for believing Gallagher intends to kill him, the High Court was told yesterday.
The three judge Divisional Court was also told that other relatives feared for their safety if Gallagher was freed from the Central Mental Hospital, Dundrum, Dublin.
Mr Adrian Hardiman SC, for the relatives, said Mr Patrick Maguire and the other relatives, were extremely anxious to be allowed to participate in any proceedings which could have the effect of leading to Gallagher's release.
Last month, the High Court gave leave to the relatives to seek to be represented at the court inquiry after their solicitor, Mr Seamus Gunn, said that while Gallagher was invoking his constitutional rights, they must be balanced against those of the relatives.
Yesterday Mr Maguire, of Cooladawson, Lifford, said in an affidavit that he spoke on behalf of himself, his own family, and the family of Mr Phonsie Lafferty, Knock, Ballybofey, and Ms Mary McCrossan.
Mr Maguire said he was present at the place of the murders of Ms Annie Gillespie and Ms Anne Gillespie of September 18th, 1998, at Sligo General Hospital. On that occasion, Gallagher placed a loaded shotgun to his (Mr Maguire's) head and pulled the trigger. Fortunately, the gun did not discharge. Gallagher then tried again to discharge the gun in an attempt to kill him, which again failed.
Mr Maguire said the trauma and shock of that occasion still lived with him, his family and members of the other families. They had been living in a state of continual fear that Gallagher would be released.
He was first threatened by Gallagher about September, 1988, when he was in the company of a Mr Duffy, one of his employees. Mr Duffy had rescued Anne Gillespie from the company of Gallagher, who was assaulting her at the time. Gallagher drove to his garage business and made a sign of the cross on the back window of his (Mr Maguire's) car with his finger which he and Mr Duffy interpreted to mean he was going to kill them both.
On September 10th, 1988, Gallagher threatened Ms Anne, Gillespie that he would knock her down with his car. He attacked a man who danced with her on that occasion with a knife and he smeared blood all over Anne's face.
Mr Maguire said his daughter, Catriona, and her cousin, Josephine, were attacked by Gallagher when he attempted to run them down in a car.
Before Ms Gillespie's death, she confided in a teacher, Ms Harrison, her fears that Gallagher was about to kill her. Ms Harrison made a statement in May, 1991. She had now left the Ballybofey/Stranorlar area because of fears she had of Gallagher's release.
Ms Mary McCrossan, first cousin of Ms Anne Gillespie and niece of Ms Annie Gillespie, who lives in the Stranorlar area and Gas a close friend of Anne, had suffered continually and had psychiatric treatment in relation to Gallagher's continued attempts for release.
As a result of his fears and anxieties about Gallagher, Mr Maguire said, he placed his family home on the market and applied for a US visa. He believed If Gallagher were released, he would attempt to exact revenge on him, Mr Lafferty (brother of Ms Annie Gillespie and uncle of Anne), Mrs McCrossan and all the family connected with Ms Anne Gillespie.
Mr Maguire said he believed Gallagher's attitude towards him had not changed and that he might attempt at some stage after his release to attack or kill him. During Gallagher's trial, none of these matters, the threats, assaults and fears were put before the court. The general community in Ballybofey/Stranorlar would live in fear and anxiety, that what happened once could happen again.