Westmeath man goes on trial for murder

A Moate native has gone on trial accused of murdering a male in Enniskillen just over two years ago.

Two others are also on trial for allegedly attacking the murder accused in the course of a brawl.

All the accused deny their respective charges, and the trial got underway today (Tuesday) at Dungannon Crown Court sitting in Belfast.

Joseph Joyce (31) originally from Moate and subsequently based in Enniskillen, but bailed to reside at Abercorn Road, Derry, is charged with the murder of John Paul McDonagh, as well as unlawfully and maliciously wounding his brother, Gerard Christopher McDonagh, who in turn is also on trial for his alleged role in the street fight.

It is further alleged Joyce was in possession of a scythe and a bottle of ammonia as offence weapons and engaging in affray.

The offending is alleged to have occurred on April 11, 2020, with Mr McDonagh passing away in hospital two days later.

Gerard Christopher McDonagh (26) of Lisnafin Park, Strabane and a youth who cannot be identified, are jointly accused of attempting to cause grievous bodily harm to Joyce and affray.

McDonagh is further accused of having a spade and a bottle as offensive weapons.

The youth is also charged with having a knife and carrying out an act assisting attempted grievous bodily harm by handing a spade to McDonagh for use as a weapon.

Today the jury heard that the brawl had broken out in the Coolcullen Meadows area of Enniskillen, where Joyce lived at the time and his garden backed onto the McDonaghs.

Prosecution counsel Barra McGrory QC explained McDonagh and his family were having a barbecue at which loud music was playing.

Around 8pm, a row broke out, which "quickly developed into a full-scale, on-street battle."

Most of the participants armed themselves with makeshift weapons, including Joyce who is alleged to have had the scythe.

The deceased was armed with a garden hoe, while McDonagh had a bottle which he “threw with aggression” at Joyce. The youth had a two-pronged kitchen knife.

Mr McGrory explained any implement can become a weapon if it is used to commit an offence.

"Serious injury was caused to the deceased by Joyce, using the scythe. We say he murdered the victim as he had no lawful basis for arming himself with the scythe which was a lethally sharp weapon and a bottle of ammonia," Mr McGrory said.

"We accept the McDonaghs were coming to his area but he could have taken perfectly lawful decisions to protect himself.

"He chose to arm himself with the scythe and in doing so, strayed into illegality. CCTV shows him stand ready for the street battle. It was an entirely unlawfully enterprise. We do not say he intended to kill the victim however he knew the potential of the weapons, particularly the scythe."

When arrested Joyce cited self-defence, however the prosecution rejected this, saying, "He was not taken by surprise and left with no other option."

In police interview McDonagh claimed they were minding their own business when Joyce interfered, causing him and the victim to set off for a confrontation.

McDonagh, it was contended, "chose to arm himself with a spade and used it to attack Joyce, raising it above his head to strike."

Mr McGrory said: "Children were running for cover while people brandished weapons. It was absolutely terrifying… This was deliberately staged fight, it didn't need to take place and it shouldn't have happened.

"Everything that flowed from it including the tragic death of John Paul McDonagh, which we say is murder, was unlawful."

The trial, which is being presided over by Mr Justice Rooney, is expected to last around three weeks.