A NEW trial involving Mr Kevin Gillane, brother in law of murder victim, Mrs Philomena Gillane, and accused of unlawfully wounding her brother with a slash hook, opened in Galway yesterday.
Galway Circuit Criminal Court was told how relations had soured between the Gillane and Gordon families after Mrs Gillane's badly beaten body was discovered in the boot of her car on May 18th, 1994.
She was seven months pregnant when she died.
The Gordon family had suspected the Gillanes were involved in some way in her death, the court was told, and had made several attempts to speak to Mr Pat Gillane, husband of Mrs Gillane; and his brother Kevin Gillane at their farm in Gort, Co Galway, seeking information about her murder.
While they had been warned by solicitor's letter to stay away from the Gillane farm after a previous call in November, 1994, the Gordons had diverted from a journey to Mrs Gillane's grave, also near Gort, on June 14th last and decided to call to the Gillane's house again.
During the altercation that occurred in the farmyard, Martin Gordon had received a wound, from a slash hook which exposed his intestines, the court heard.
Arising from this incident, Mr Kevin Gillane (38) of Glenbrack, Gort, Co Galway, pleaded not guilty to unlawfully wounding, causing grievous bodily harm to Mr Martin Gordon at Glenbrack; to common assault of him and to assault causing actual bodily harm to Mr Patrick Gordon, another brother of Mrs Gillane, on the same occasion.
The original trial collapsed in April and a new trial was ordered by Judge Harvey Kenny after objections during the evidence of Mrs Nonie Gordon, mother of Mrs Gillane.
Mr Martin Gordon (40) denied yesterday he had gone to the Gillane home in retribution over his sister's death, and that he had assaulted either of the Gillanes.
He stated that there was no violence in his blood.
Opening the case, Mr Padraic O'Higgins SC, prosecuting, said that since Mrs Gillane's murder there had been a falling out between the Gillane and Gordon families, and a number of incidents had arisen prior to the violent altercation at the Gillane home in Gort during last June.
The Gordons, he said, were first confronted during the incident in question by the defendant who had a baseball bat and a pick axe handle in each hand. After being disarmed by the Gordons, he had come back with a hook and caused the serious injury to Martin Gordon.
In November 1994, the Gordon brothers had called to the Gillanes' house outside Gort which had led to the Gillane's solicitor sending a letter warning them to keep away. In the letter, it was alleged that the Gordons had banged on the front and back doors and shouted: "Come out you bastards ... bring out the "knife and gun to us."
This was denied in evidence by Mr Martin Gordon.
Mr Pat Gillane's solicitor had told the Gordons that they appeared to know who was involved in Mrs Gillane's murder and suggested that they give their information to gardai. The Gordons had been put on notice to stay away. When this was put to Mr Gordon, he said it was their family's understanding that the Gillanes had let it be known to the gardai that they wanted to talk to the Gordons.
Another incident had occurred on the first anniversary of Mrs Gillane's death when the Gordons, travelling in two cars, including the one in which her body was found, called to the home of the Gillanes' sister, Mrs Martina O'Riordan, who was looking after John Gillane (then two years old), a son of Philomena and Pat Gillane. During the visit, when the Gordons were accompanied by newspaper photographers, gardai had to be called.
Mr Gordon denied that during this incident he or any of his family had said in front of the child and others that when he was older they would tell him how his father had killed his mother.
He also denied saying in relation to Mr Pat Gillane: "I would kill the f***** bastard if I caught him."
Mr Gordon also rejected a suggestion by Mr Peter Charleton SC, defending, that earlier that "day the Gillanes had left Mass early because they were afraid there was going to be trouble and bad been called cowards as they left in their car.
Referring to the June 1995 confrontation, Mr Gordon denied he was in such a blinding rage that he was not sure of what had happened. He denied saying that he was "going to do better" than the guards in relation to dealing with the Gillanes and repeatedly denied assaulting them.
He claimed that after disarming Kevin Gillane of the wooden implements the defendant had come at him "out of nowhere" with the hook.
Mr Patrick Gordon (41) told the court that he was "lucky to be alive" after what had happened in the Gillane's farmyard.
He described how Kevin Gillane had come at him "like a bull grunting". He had to retreat to the main road. "I had to back away or I would have been killed," he claimed.
Mr Gordon said that he fell back over a wall as the defendant aimed a blow at him, which he, claimed hit his side.
He accepted that the gardai were doing a good job in investigating his sister's death. After he had referred to the Gillanes in various ways, he was asked how he would describe them. He replied "just evil", while he said the defendant was "a pure brute".
Asked about his suspicions about his sister's death, he stated that up to the June incident he had an open mind on it, but since that he believed the Gillanes were responsible, possibly with others.
Mr Gordon claimed, on the basis that Mr Pat Gillane had a solicitor, that he felt this suggested guilt as far as his sister's death was concerned. "Why have a solicitor if he has nothing to hide?"
He later admitted that he himself had a solicitor in relation to a summons issued against him for assault relating to the confrontation with the Gillanes.
Asked about his admission in a statement to gardai that he had given Kevin Gillane "a few blows" with the pick axe handle, he said this was not true and that he was in shock at the time.
Mr Colman Moran (16) stated that he was working on the Gillane farm when the Gordons arrived. They were "walking fast" and looked as if they were coming in for a fight. Mr Pat Gillane had told him to run and call the Garda. He had seen Kevin Gillane telling the Gordons to leave and saw him swinging the slash hook but did not see him hitting anyone.
The hearing continues today, but Judge Kenny said he would only sit for two hours because of the poor ventilation in the courtroom.