Malin man avoids jail after abusive confrontation at Star Wars movie site

A Malin Head man has narrowly avoided being sent to prison after subjecting two tourists to a nasty verbal assault as they captured summer solstice images on lands where a Star Wars movie was shot.

Judge John Aylmer told John Vincent Gallagher that he could consider himself fortunate not to have been jailed. Instead, he was given community service having launched what the judge said was a “vile and xenophobic verbal assault”.

Gallagher produced an iron bar as he confronted the Scottish tourists, who were in the area to take some scenic photos.

The 58-year-old father-of-one was charged with the production of an article, namely an iron bar, capable of inflicting serious injury. The charge, contrary to section 11 of the Firearms and Offensive Weapons Act, 1990, related to an incident at Westtown, Ardmallin, Malin Head, on June 21, 2023.

Gallagher, of Ballyhillion, Malin, was also charged with possession of a firearm, a single barrel shotgun, without a firearms certificate, contrary to section 2 of the Firearms Act 1925, as amended by section 15 of the Firearms Act, 1964 and section 3 of the Firearms Act, 1971.

Garda Christopher McGinley of Carndonagh Garda Station told Ms Fiona Crawford BL, Barrister for the State, that a couple travelled from Scotland to Donegal and went out to see the summer solstice sunset on the evening of June 21. One of the couple is a keen photographer and the pair drove around the Malin area to find a place to take some photos. 

In a statement to Gardai, the woman said they stopped in a lay-by and parked next to a gate. The court heard that a part of a Star Wars movie was filmed on the site. In 2016, scenes for Star Wars: The Last Jedi were shot in the Malin Head area.

The pair became aware of a silver car “flying down the hill” at what was described as “a great speed” and rhe driver of the car, Gallagher, shouted: What the fuck are you doing stopped at the side of the road”.

Gallagher commented to the man that he had an English accent, but was informed that he was from outside Glasgow in Scotland. 

Gallagher was quoted as saying: “You’re British then. Fuck off. You don’t belong here. Fuck off you British bastards.”

The woman said that Gallagher was acting aggressively and saying:: “Fuck off you British bastards”. He picked up an iron bar from the passenger footwell of the car.

The two visitors got back into their car, but had to reverse up a hill before being able to drive off.

The man told investigating Gardai that he was “in fear and alarmed” as the setting was. countryside location and there was no-one around.

After returning to Scotland, they made a complaint to a police officer.

A search warrant was subsequently applied for and was executed at Gallagher’s property with the armed response unit swooping at around 7am.

A black air rifle, an old rusted shotgun and a black pellet handgun pistol were found. The items were sent to be tested by An Garda Siochana’s Ballistics Section.

The black air rifle was found to be in good condition and as the muzzle energy was in excess of one joule it was deemed to be a firearm. The rusted shotgun was also deemed to be a firearm within the meaning of the Firearms Act, while the pistol was determined to be an imitation firearm.

Gallagher was arrested and taken to Buncrana Garda Station. He said the old air rifle belonged to someone who had passed away and he admitted that he had no licence. 

The court heard that Gallagher has 21 previous convictions, including three assaults and 11 road traffic matters. 

Gallagher’s barrister, Mr Damien Crawford BL, said his client is a farmer who keeps sheep, cattle and horses.

Gallagher contested that he didn’t produce a firearm, but rather had a “thing for changing wheels”.

Judge John Aylmer. Photo: North West Newspix

Mr Crawford said that Gallagher has persistent difficulty with people trespassing on lands while neighbours have had similar difficulty. He said tourists have left gates open and dogs have attacked his sheep. Mr Crawford told the court that Gallagher’s wife was attacked by a group of people just three weeks before this incident. 

Garda McGinley said the incident with the Scottish visitors occurred on a public roadway. While Mr Crawford said the pair were on Gallagher’s property, Judge Aylmer interjected to say: “It is a public road.”

Mr Crawford said that Gallagher has a history of how he interacts with people he perceives to have trespassed on his property and added that he was particularly heightened or elevated at this time due to the incident experienced by his wife. 

Mr Crawford told Judge Aylmer that Gallagher never “brandished or pointed or got out to visit a threat upon them”.

Mr Crawford said that Gallagher now admits that his behaviour represented a “complete overreaction” and he wished to apologise to the couple and to the court. 

“He is quite an earnest man and is very anxious about the outcome,” Mr Crawford said.

Some testimonials on behalf of Gallagher were handed into the court.

Judge Aylmer said that an aggravating feature of the offence was the “vile and xenophobic verbal assault” which accompanied the production of an iron bar.

Judge Aylmer said the incident occurred on a public road and told the defendant: “Anyone on it is not trespassing and nor are they trespassing when they pull in and avail of a lay-by in front of a gate. There was no sense in which these people were trespassing and no sense that they should have been the victim of such a vile verbal assault.”

Judge Aylmer said that while the offence could be placed at the lower end of the scale, it merited a starting point for sentencing on the production of the iron bar of 18 months in prison and a €750 fine for the possession of the shotgun.

Gallagher was cooperative with the Garda investigation and followed with a plea of guilty. Judge Aylmer said the accused came to the court with excellent references, but said his previous convictions for making threats and assaults were aggravating.

The sentence for producing an iron bar was reduced to one of 12 months and Judge Aylmer imposed 240 hours of community service in lieu of the prison sentence. The fine for the shotgun matter was reduced to €500.

Judge Aylmer said it was “with some reluctance and hesitation” that he was not handing down a custodial sentence and said it was “very much a borderline case”.

He told Gallagher: “You should consider yourself very fortunate. If I see you in court for another offence of this nature, it will be a custodial sentence.”

Gallagher was given 12 months to perform the community service and pay the fine.