Man who brandished meat cleaver in Galway hospital has conviction overturned on appeal

Aaron Ward (32), with an address in Tuam, Co Galway, had pleaded not guilty at Galway Circuit Criminal Court to threatening to kill or cause serious harm and production of a meat cleaver at the Accident and Emergency Department of University College Galway on February 8, 2015.

He was found guilty by a jury following a two day trial and sentenced to six years imprisonment by Judge Rory McCabe on May 31, 2017.

The Court of Appeal quashed Ward’s conviction today over the trial judge’s failure to engage with requirements of Section 16 of the Criminal Justice Act 2006, as had been submitted by his barrister Karl Monaghan BL.

Section 16 of the Criminal Justice Act 2006 allows for the admission of statements where the witness involved refuses to give evidence, denies making the statement, or gave evidence in court which was inconsistent with the statement sought to be admitted.

Allowing the appeal today Mr Justice Alan Mahon said the background to these offences was an “inter family feud” in the Galway area.

On the date in question, Messrs Wayne Ward and Patrick Ward attended the A&E Department of University College Galway in connection with injuries sustained by both of them in the course of a matter unrelated to the appeal. They were in the company of Charlie Ward.

As they approached the doors of the hospital Aaron Ward met them and threatened to kill Charlie Ward “whilst swinging a meat cleaver at the three men”.

The three men were again threatened by Aaron Ward “still brandishing the meat cleaver inside the hospital doors”.

A hospital security man calmed the situation. Gardai arrived shortly afterwards and searched the hospital unsuccessfully for Aaron Ward or the meat cleaver.

The three men later attended a garda station and made detailed statements as to what had occurred.

However, all three complainants sought to withdraw their statements on, essentially, similar grounds.

When called to give evidence on the first day of the trial, Charlie Ward told the court:

“I don’t want to proceed with anything… I don’t want to give evidence because at the time I was on medication and, to be honest, I shouldn’t have said the things that I said, because I didn’t know what I was saying.”

Wayne Ward rejected the contents of the statement he accepted signing on the basis that he was drunk and “out of (his) head on tablets”. He said the contents of his statement were lies.

Patrick Ward admitted making the statement but said he was “drunk, mad drunk” when he did so and maintained that he had never seen a meat cleaver on the night.

Mr Justice Mahon said the Court of Appeal would not intervene unless it can be established that certain specific requirements of Section 16 of the Criminal Justice Act 2006 were not adhered to by the trial judge or where a clear injustice would arise by not interfering.

He said the trial judge’s rulings in relation to each of the three statements were brief. Only two of the rulings referred to reliability. The first two rulings referred to the issue of prejudice while the third made no reference to that issue.

The rulings made no reference to the statements being given on oath or affirmation or containing a statutory declaration as to its truth or that the court was otherwise satisfied that when the statements were made, the witnesses understood the requirement to tell the truth.

Mr Justice Mahon said the statements of the three witnesses were crucial to the prosecution case and almost certainly contributed significantly to Aaron Ward’s conviction. As such they were required to be assessed strictly in accordance with the section.

To a very significant extent, Mr Justice Mahon said the trial judge’s rulings did not engage with many of those requirements and it wasn’t possible to determine if in fact they were considered by him.

Mr Justice Mahon, who sat with President of the Court of Appeal Mr Justice George Birmingham and Mr Justice John Edwards, said the deficiencies in the trial judge’s rulings were such that the trial was rendered unsatisfactory.

The appeal was allowed, Aaron Ward was admitted to bail and the court will hear arguments on whether a retrial will be appropriate next week.