Man was killed by home-made pipe gun at family wedding

A court heard on Friday that a member of the travelling community was killed during a 'family feud' by a relative with a home-made 'pipe gun' at a wedding.
William McGinley from Co Longford at a previous court appearance. Pic Colm Lenaghan/PacemakerWilliam McGinley from Co Longford at a previous court appearance. Pic Colm Lenaghan/Pacemaker
William McGinley from Co Longford at a previous court appearance. Pic Colm Lenaghan/Pacemaker

Bernard ‘Barney’ McGinley was hit once in the abdomen at close range with the crude weapon during a struggle outside St Mary’s Catholic Church in Newtownbutler, Co Fermanagh, just over three years ago.

His nephew, two great nephews and a youth were due to stand trial this year on charges of murder and attempted murder connected with the shooting on February 11, 2015.

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But in February, Patrick McGinley snr (49), of Ardlougher Road, Irvinestown, Co Fermanagh pleaded guilty to a charge of manslaughter.

His eldest son William McGinley (29), of Sallyswood, Irvinestown, pleaded guilty to wounding the deceased’s son Bernard Oliver McGinley with intent to cause him grievous bodily harm.

Patrick McGinley (24), of Lisfarrell, Edgesworthtown, Co Longford, and a teenage youth, who can’t be named for legal reasons, both pleaded guilty to affray.

Prosecution counsel Neil Connor Qc told Dungannon Crown Court, sitting in Belfast, that the guilty pleas were “acceptable to the prosecution” following ongoing discussions with the defence and that the charges of murder and attempted murder were not being proceeded with.

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Mr Connor told Mr Justice Colton that the two McGinley families were in Newtownbutler to attend the wedding of Patrick McGinley Snr’s niece.

The senior prosecutor said that “there appeared to a considerable amount of bad blood between the two families which could be termed as a ‘family feud’.

“As a result of this ‘feud’ there was bad feeling in existence before the event in question.”

The court heard 63-year-old Barney McGinley turned up at the church with his wife in a van and parked in the car park near to his nephew Patrick McGinley Snr.

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Mr Connor said there appeared to have been “some sort of altercation and they had a heated exchange” before the deceased drove out of the carpark and headed up the main road where he met up with other family members.

Following a discussion, Barney McGinley then returned and parked up outside the church where there was a further altercation and a home made ‘pipe gun’ or ‘stick gun’ was produced. The court heard a claim the weapon was brought to the scene by a “person in the company of the deceased”.

The court heard Patrick McGinley Snr claimed he “forcibly removed the pipe gun from the deceased” and he claimed that during a struggle it was discharged.

Mr Justice Colton was told that William McGinley picked up the “crude’’ weapon and fired it into the back of the deceased’s son Bernard Oliver McGinley from a range of six to ten feet.

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During what was described as a “melee”, Patrick McGinley Jnr and the youth became involved in the incident.

Barney McGinley was put in a vehicle, said Mr Connor, and taken to Lisnaskea police station from where he was airlifted to hospital by helicopter. “He died in hospital some time after that.”

The prosecutor said the pathologist said the cause of death was a “shotgun wound to the abdomen”.

At interview, Patrick McGinley Snr read from a prepared statement during which he made a “number of assertions and allegations about his uncle”.

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Mr Connor told the court: “These were looked into by the investigating officer with the Gardai. As a result these assertions and allegations are not accepted by the prosecution. In fact, they are entirely refuted.”

The senior prosecution said all four defendants had clear criminal records.

James Gallagher QC, representing Patrick McGinley Snr, said the father-of-five has “expressed remorse very strongly in respect of the death of his uncle”.

Telling the court his client’s intention on the day in question was “solely” to attend the wedding, Mr Gallagher said McGinley and his family “did not intent to attack anyone, nor did they bring weapons”.

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Mr Gallagher also revealed that since the incident, McGinley had to leave the family home in Longford, has been living in Irvinestown and had been unable to visit family and friends.

He concluded by saying the fatal incident occurred “in the heat of the moment”, with no question of pre-planning or premeditation.

Gavan Duffy QC, the barrister for William McGinley, said his client recognises the loss felt by the deceased’s family, and also appreciates the consequences for himself and his own family.

Saying McGinley “deeply regrets” the significant impact the fatal incident has had, Mr Duffy said the father of two accepted using the weapon, but said there was no pre-planning in a “very quickly evolving situation”.

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Mr Duffy also revealed his client has seen attacks both on the family home and to him personally, and as a result of these in February 2015 he was suffering from an anxiety-related disorder.

The barrister representing Patrick McGinley Junior, Brian McCartney QC, said his client’s involvement “lasted seconds rather than minutes”, adding he was “remorseful for the tragedy”.

Pointing out his client “entered a melee in a spontaneous way”, the barrister said the father of two has been reclusive and depressed since the incident. Mr McCartney also branded his client a man of good character with a history of employment spanning back to his teens.

Regarding the youth, who was 14 at the time, his barrister Martin O’Rourke QC said “he didn’t instigate the incident ... his involvement was peripheral”.

Mr O’Rourke also said the teenager did not carry out any actual violence on anyone.

Mr Justice Colton said he would sentence all four defendants next Friday, May 11.