The 43-year member of the travelling community, found dead at a farm in Co. Mayo last October, had been shot twice as well as suffering ten severe blows to the head, the State Pathologist, Professor Marie Cassidy told a murder trial at the Central Criminal Court in Castlebar today.
Giving evidence on the second day of the trial of Padraig Nally (61), who has pleaded not guilty to the murder of John Ward at Funshinagh, Cross on October 14th last, Professor Cassidy said that the gunshot wound to the chest would have proved fatal.
This shot had penetrated the chest cavity and entered the heart where the wad of the cartridge had been found, Professor Cassidy stated. This indicated the shot had been fired from a downward trajectory, she explained.
The cause of death, the witness said, was the shotgun wound to the trunk with blunt force trauma to the head a contributory cause.
The deceased had suffered at least ten severe blows to the head inflicted with a long, fairly narrow, sturdy instrument likely to be made of wood. A short wooden stick was shown to the jury and explained as something like the shape and size of the weapon that could have caused the injury. The witness said the dead man would have been in a crouched position when the fatal shot was fired and the shot would have been fired from an elevated position.
"The gunman was above him when the shot was inflicted". Professor Cassidy said the earlier gunshot wound to the loin area caused flesh injuries and would have been very painful but the victim would have been able to move.
The witness said the fractures to the left arm may have been caused as the deceased tried to protect himself from the assault.
Michael Varley, Funshinagh, Cross, a neighbour of the accused, gave evidence that at 2.10pm on October 14th he noticed a grey coloured car parked at Padraig Nally's house.
Some time later he was in his house when he heard a car revving. It reversed into his gateway and then drove off over the road. It was the same colour as the car he had seen earlier at Nally's.
Padraig Nally then arrived at his house in his White Nissan Sunny car. Nally told him: "I'm in bother. I was broken into by the travellers. One of them is shot and the other fellow fled".
Nally then spoke to the Gardai. He told the Gardai there was a shooting at his premises and gave his name.
Paul O'Higgins SC (prosecuting) read from a statement which the accused made to Gardai on the day of the shooting.
In it, Nally said a young fellow called to his door and asked was he selling his car. Nally asked: "Where is your mate" and the young lad replied "Gone in the back for a look".
Nally said he got his gun and fired at the man at the back door. There was a struggle in which the man had tried to kick him and caught him by the throat. The man kept calling "Tom, Tom" his mate. The accused man said in his statement that he got an ash stick which he used for mixing the dog's food and there was a struggle. The other man fell on the nettles and then ran away. Nally then got a cartridge and shot the man in the back from about ten yards away.
In his statement, Nally told Gardai that when he first went for the gun he did not mean to kill his victim. He panicked when he saw the man at his back door and he meant to beat him up but not to kill him.
The man was pushing in the door when he turned and went for his gun. He feared the other man could come around the house and beat him up as well. He added that he only recently kept his gun in the shed.
After being shot, the traveller caught him by the throat saying: "You shot me". Nally was out of his mind with fear. He was afraid of the fellow in the car coming in and maybe more coming in.
In his statement, Nally admitted that he "may not have been in my right mind at the time." He told of being enraged after seeing the victim come out of his house. "I got a stick and I hammered the dust out of him. I hit him on the head and face.
"I was afraid of the other fellow in the car". Describing how he had fired the second shot, Nally said he had hit him in the back and he fell on the road. "I went up to him and I knew right away he was dead".
The trial is continuing before Mr. Justice Paul Carney and a jury seven women and five men.