ASSAULT charges against the two brothers of Co Galway murder victim Mrs Philomena Gillane were dismissed yesterday at Gort District Court. The charges arose from an altercation they had with her husband and his brother in 1995.
Mr Patrick Gordon of Beechlawn, Caltra, Co Galway, denied assaulting Mr Kevin Gillane on June 14th 1995 at Glenbrack, Gort, while Mr Martin Gordon of Kiltormer, Co Galway pleaded not guilty to assaulting Mr Patrick Gillane on the same occasion.
Having listened to the evidence of Mr Martin Gordon, who sustained a slash hook wound to his stomach, Judge Al O'Dea said he was dismissing the charges against both men.
"If they were guilty of anything, which is doubtful, they certainly got sufficient punishment in the fracas," Judge O'Dea commented.
Mr Kevin Gillane of Glenbrack Gort, Co Galway, was acquitted of wounding Mr Martin Gordon at Galway Circuit Criminal Court last June but was found guilty of a lesser charge of common assault. Judge Harvey Kenny has adjourned sentencing until later this year.
Gort District Court heard yesterday that a fracas started in the yard of the Gillane home when the Gordon brothers called after vi siting their murdered sister's grave about five miles from Gort with their mother and sister.
A baseball bat and the handle of a pick axe, which were used in the affray, were produced in court where evidence was also given of a slash hook injury to Mr Martin Gordon, which severed his bowel and necessitated 48 stitches.
Mr Kevin Gillane said Martin and Paddy Gordon seemed upset as they crossed the road to their house. They had been "a pure nuisance around the place", calling to the house and telling them they were "murdering bastards".
He picked up two bats and told them to "get out to f.. ." - that they didn't want any trouble. The Gordons charged at him and took the bats off him. He was knocked to the ground and they started kicking and hitting him with the bats.
His brother, Pat, was in the cab of his tractor and was defending himself with his shoes as Martin Gordon tried to get in at him. He spotted a slash hook and gave Martin a jab of it in the behind to attract his attention.
Martin drove at him and he put him out over the wall. He drew the slash hook down about a foot away from him to put fear in him, Mr Gillane told the court. He continued to swipe at Martin Gordon, getting him with it above the stomach, he said.
Cross examined by defending solicitor Mr Florence MacCarthy, who put it to him that the Gordons had been extremely upset over the murder of their sister, Kevin Gillane said he too had been upset. He was also upset about the fact that nobody had been charged with her murder.
At one point Mr Kevin Gillane stood out of the witness box to underline a point to Judge O'Dea, stating that if he wanted to murder Martin Gordon he "could have had the head cut off him".
Mr Patrick Gillane told the court that he didn't want to fight the Gordons. He was fed up going in and out of court and it was costing him thousands of pounds.
He recalled Mr Martin Gordon charging at him with a baseball bat. He received a belt on the thigh and on the forehead. He had steel capped boots and only for them he would have been killed. Paddy Gordon was belting him on the shoulder. Martin was like "a pure lunatic" and when Kevin got him with the slash hook above the belt, he saw him running out the gate.
Under cross examination he said that at first he thought the Gordons were the police who were investigating his wife's murder.
His solicitor had sent the Gordons a letter telling them to keep away from them and to stop blaming them in the wrong.
"They [the Gordons] didn't come over for a friendly chat".
"They came over to kill me," he added. Mr Patrick Gillane said that the Gordons had told members of the gardai that they were going after his life. They had previously banged and kicked on their doors and windows, telling them, "come out you murdering bastards".
They had the greatest of comfort since the Circuit Court judge warned the Gordons to keep away from their property.
Earlier, Garda Michael O'Dwyer told of arriving at the Gillane home about five minutes after the incident, where he found Patrick and Kevin Gillane seated inside. He later saw Martin Gordon, who was in the back seat of a car, after being attended to by a doctor. He looked seriously injured and was on a drip.