John Gallagher.
COURTS: A double killer said he was left ‘terrified’ after his brother allegedly attempted to ram his van – in an on-going dispute over their father’s estate.
Double-killer John Gallagher, appeared at Letterkenny District Court in relation to an incident that occurred on August 16th, 2013.
Gallagher alleged that his brother Donal Gallagher rammed his car on three occasions before fleeing the scene.
During his evidence John Gallagher told the court he thought his brother was genuinely going to kill him.
John Gallagher said, “I was heading towards my home in Strabane around 2pm, and I noticed there was road works on-going on Butcher Street.
“The traffic was backed-up and it was pretty much at a standstill, so I headed down the Main Street to avoid it, I then observed my brother’s vehicle coming.
“I stopped on the road, as there wasn’t enough room for both vehicles to pass.
“Suddenly his vehicle just lunged at mine and he hit me head on, he then reversed back as I reached for the phone to contact Gardaí.
“I rang 999, and at that point I then observed him do a three point turn on the road, I assumed at that point he was going to drive off, but he proceeded to drive into me again, he then went forward again and hit me a third time, he then drove off.
“I pulled into the side of the road, I was trembling, absolutely trembling, the guards called me at that point, and told me to drive to the station and make a statement.
“However, I was in such a state that the Garda told me that I was too distraught and in shock to make a proper statement, and requested that I come in the following day and make a statement.
“The Gardaí then came outside the station with me and observed the damage done to my car.
“It was badly damaged, structurally there was significant damage, the tow-bar on his pick-up done a significant amount of damage.
“I got an estimate that there was around €1,800 worth of damage done, and had an independent assessor from my insurance company to come and inspect the vehicle, and he concurred he was badly damaged.
“I honestly genuinely believe he wanted to kill me.”
When asked by Inspector Michael Harrison could it have been an accident, John Gallagher responded by saying, “Absolutely not, no way, no way it could’ve been an accident.”
Solicitor for the defendant Kieran Dillon cross-examined John Gallagher’s version of events, and suggested that it was he who drove the vehicle at Donal Gallagher and not the other way around.
Mr Dillon asked John Gallagher did he have any issues with his brother.
John Gallagher said, “The only issues I have my brother was the campaign of harassment he engaged in against me, he bombarded me with texts and calls, and it only stopped when I changed numbers.”
John Gallagher’s mother was present in court, and the court heard how there was a dispute between the brothers over their father’s estate.
John Gallagher added, “I love my mother dearly, she’s present with me today. she’ll make the right decision for her, I don’t know what motive Donal has, I’m not trying to influence my mother, it’s her estate, her and my father built it up, it’s up to her what she wants to do with it.”
Kieran Dillon told the court that his client Donal Gallagher said that his brother drove the vehicle and him, and that he shunted the front of his car on at least three occasions.
John Gallagher responded by saying, “No way, I think more of my vehicle than that, I’d never do that.
“I look after my cars, I would never drive them into another vehicle, I care too much for them.”
Mr Dillon then suggested that he cared more about not damaging his own car, than his brother.
John Gallagher replied, “No that’s not rue, at the end of the day, he’s still my brother, it saddens me that we’re here again today.
“I didn’t ask for any of this, he drove at me, and I was genuinely fearful for my life.”
Garda Hardiman took to the stand and said that he had no relocation of observing John Gallagher’s vehicle after he visited the station.
Garda Hardiman said, “He came into the station and he was in a very distressed and emotional state.
“He was very shook up, I told him to come in the next day and make a statement.
“I’ve no note of observing his vehicle, it may have happened, but I genuinely don’t remember.
“I attempted to make contact with Donal Gallagher to get his version of events, but he told me he wasn’t coming across to make a statement.
“However, in November, he contacted me and told me he was willing to make a statement, the next day he made it in the presence of a solicitor.”
The court also heard how Gardaí had obtained CCTV footage from a postmaster and shop-owner close to where the incident occurred.
Judge Paul Kelly viewed the CCTV footage and then made his deliberations on the incident.
Judge Paul Kelly said, “John Gallagher’s assertion of what happened is that he stopped, there was no room for two vehicles to pass at that point.
“He then says he brother then hit into him, and then performed a three-point turn and hit him again a few more times.
“However, on reviewing the footage the latter part of Mr Gallagher’s evidence didn’t happen.
“He turned his pick-up, reversed and drove off, his evidence isn’t supported by the video evidence available.
“I therefore dismiss the charges against Donal Gallagher.”
Judge Paul Kelly then pleaded with the families to let bygone’s be bygone’s and move on for everybody’s sake.
Judge Kelly added, “This is just non-stop, it’s time to move on.
Kieran Dillon added, “I’d reiterate all these things your saying as well Judge, and Garda Hardiman says that things have calmed recently.”