A jury will hear evidence that a 79-year-old widower died after a vicious attack by his nephew, who the State says repeatedly kicked him to the head while wearing steel capped boots, a murder trial has heard.
The 12 jurors were also told by the State on Wednesday that they will have no difficulty finding that accused man Thomas Lorigan had an intention to kill or cause serious injury to the Co Clare pensioner.
Thomas Lorigan (34), of no fixed abode, has pleaded not guilty to murdering John O’Neill at St Brendan’s Road, Lisdoonvarna, Co Clare, between January 6th and 7th, 2022.
Opening the prosecution’s case at the Central Criminal Court, Eilis Brennan SC, for the Director of Public Prosecutions, said the court will hear that Mr Lorigan was known by the nickname ‘Mossy’ in the Clare area.
Ms Brennan said Mr O’Neill was a relatively fit and healthy man. He lived in a house in Lisdoonvarna that had been run as a bed and breakfast up to six months before his death.
Mr O’Neill’s wife had run the B&B but she died in the summer of 2021. The deceased man had lived alone since his wife died and the B&B was no longer in operation, said counsel.
The prosecution case will be that Mr O’Neill went out for drinks around 6pm on the evening of January 6th. He returned home in his car around 8pm that evening.
Mr Lorigan was 32 at the time, and was the nephew of the deceased, being the son of Mr O’Neill’s sister. Mr O’Neill had acted as a guardian for Mr Lorigan and his siblings after his sister died. The relationship later became strained.
The lawyer also indicated to the jury that they will hear evidence that Mr Lorigan moved to the Clare area in the last few years and at that stage was not close to his uncle.
There will be evidence, counsel said, that Mr Lorigan found himself without a home in late 2021 and was living in a derelict house outside Lisdoonvarna.
Outlining the circumstances of the deceased’s death, Ms Brennan said that witness Walter Burke will give evidence to the trial that he was drinking with the accused in the witness’s house on the night of January 6th.
The barrister further stated that Mr Burke will testify that the accused left his house later that evening. “Mr Burke didn’t know how long Mr Lorigan was gone but when he came back the accused woke up Walter and said he had an argument with his uncle Mr O’Neill,” she continued.
Counsel said that Mr Burke didn’t think the argument was serious and he went back to sleep. The accused also went to bed.
The next morning, Mr Burke and the accused continued the conversation from the previous night. “Mr Lorigan again referred to the incident with his uncle and indicated it could be something more serious,” she added.
She said Mr Burke became alarmed, rang 999 and emergency services were dispatched to Mr O’Neill’s house at 8.10am on January 7th. The emergency services got access to the kitchen area by breaking a window and discovered the deceased on the kitchen floor. Mr O’Neill had died by the time paramedics arrived.
A murder investigation was launched and gardai went to Mr Burke’s home where they arrested Mr Lorigan.
The State pathologist examined Mr O’Neill’s body and found severe blunt force trauma to his head mainly in the facial area. There were multiple fractures to all of the bones in his face, which were in keeping and characteristic of multiple kicks and stamping to the face.
CCTV footage, she said, shows two people talking outside the deceased’s residence at 9.20pm that night. A minute later the footage shows a person assaulting another person outside the B&B, she said.
Ms Brennan said the jury will also see footage of a man leaving the area a half an hour later and walking towards Mr Burke’s house.
Ms Brennan told the jury that the prosecution case is that if a person kicks a 79-year-old man repeatedly in the upper body and head with steel capped boots, which the State say were worn by the accused that night, then they will have no difficulty finding an intention to kill or cause serious injury.
Counsel concluded by telling the jury that the prosecution case is that the accused murdered Mr O’Neill. The trial continues this afternoon before Mr Justice Paul McDermott and a jury of five men and seven women. It is expected to last up to four weeks.
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