Jury convicts in Mayo criminal damage case where couple refused to give evidence

A Mayo couple refused to give evidence in a trial where a man was accused of smashing up their vehicle.

Brian McDonagh, aged 24, of Father Meehan Place, Castlebar, pleaded not guilty to criminal damage and possession of an article, namely a hatchet, when he appeared before Castlebar Circuit Criminal Court.

A jury convicted McDonagh of criminal damage but acquitted him of the hatchet offence.

Patrick and Christina McDonagh, of Springfield Court, Castlebar, declined to give evidence when they were called to the witness box.

The husband and wife had made a withdrawal statement to gardaí some 10 days before the start of the trial, saying they wanted to withdraw their statement of complaint against Brian McDonagh but wanted to proceed with the criminal proceedings against a co-accused.

The co-accused was issued with a bench warrant on these matters and left the jurisdiction.

The jury were permitted to hear the original statements of complaint made by Patrick and Christina McDonagh following the alleged incident, which occurred outside their home on July 28, 2020.

Mrs. McDonagh told gardaí that she was in her kitchen when she heard a noise outside.

When she went outside, the windows of the Toyota Corolla car had already been smashed and almost every panel of the vehicle damaged.

She said Brian McDonagh was standing at the passenger side with a hatchet while a co-accused was at the driver's side and was also carrying a weapon.

Mrs. McDonagh told officers that both men were known to her. She said Brian McDonagh is a second cousin who lives around the corner from her, and she has known him all her life.

In his statement to gardaí, Patrick McDonagh said he was in the sitting room and looked outside to see Brian McDonagh and the co-accused smashing up his car. The damage amounted to over €12,000.

No DNA or fingerprint evidence linking Brian McDonagh or his co-accused to the alleged crime was recovered from the vehicle.

Brian McDonagh will be sentenced for the criminal damage offence on July 21.

Judge Eoin Garavan remarked that it was “clearly not in the interest of justice” that Mr. and Mrs. McDonagh declined to give evidence.

* Funded under the Courts Reporting Scheme.