THE widow of a man killed over a commercial dispute has launched a legal bid to get money from his Co Donegal killer.
Terence Madden, 52, bled to death after being shot in both legs at close range on January 28th 1999.
Mr Madden’s widow, Margaret Madden, 58, a B&B owner at Lough Gara House, Monasteraden, So Sligo, is suing Joseph Herron, formerly of Chapel street, Ballyshannon for the loss of her husband and her own shock, pain and distress.
She is also suing Michael Doohan, a former member of the Defence Forrces, formerly of Ashbury Lawns, Ballinode, Co Sligo, and Patrick McGrath, formerly of Cuilpruglish, Gurteen, Co Sligo.
Along with Herron all three received life sentences at the Special Criminal Court in 2000 for their part in the murder.
A fourth man, Thomas Derrig, of Battlefield, Culfadda, Ballymote, Co Sligo, received a three year suspended sentence after pleading guilty to possessing a sawn-off shotgun.
The High Court heard that Michael Doohan’s family and the Madden’s were neighbours and that both families ran B&B businesses.
The Court heard that the murder arose from resentment felt by Michael Doohan towards Terence Madden over the erection of B&B signs.
Herron was also jailed for 10 years for possessing a sawn-off shotgun with intent to endanger life on the same date.
At his trial in 2000 Mr Justice Frederick Morris said the Special Criminal Court was satisfied beyond a reasonable doubt that a statement made by Herron to gardai was true.
Herron told gardai he agreed to “do” or “sort out” Mr Madden for a payment of £1,500 as revenge for a perceived grievance.
The judge said the court was satisfied that Herron fired two shots from a shotgun at Mr Madden, the first as he ran back to his house and the second, into the back of his knee from a distance of about seven feet, after he had ordered Mr Madden to lie on his belly.
The court was satisfied that Mr Madden bled to death after he was shot in the back of both legs outside his home. The second shot to his right leg severed the main artery and vein.
The judge said the court also accepted that there was no evidence that Herron intended to kill Mr Madden but did intend to cause him serious injury and therefore under the 1964 Criminal Justice Act was guilty of murder.
Inspector Michael Barrett told the trial that Herron, who moved to Ballyshannon in 1987, was convicted in the Special Criminal Court in February, 1988 for possessing a firearm with intent to enable another person to endanger life and was jailed for four years.
Herron’s counsel Brendan Grogan SC read a statement from the defendant to the court.
In the statement Herron said: “I am very remorseful for what happened to Terry Madden. I didn’t intend to kill that man. I have sat in court for three weeks and watched Terry Madden’s wife, children and family having to listen to the details of how he died.
“I think they have gone through enough as have my family. I know I have to go to jail. I know it is no consolation to the Madden family. I hope the court accepts my genuine sorrow.”