Inquest held on farmer found dead in well

The inquest into the death of a Kerry farmer whose battered body was found in a well, and whose brother and nephew were at one…

The inquest into the death of a Kerry farmer whose battered body was found in a well, and whose brother and nephew were at one time charged with his murder, took place yesterday in Killarney nine years after his death.

The body of Patrick Daly (69) was taken from the well near his home at Dooneen, Kilcummin, on January 24th, 1996.

He was last seen alive on January 18th, 1996.

He had suffered multiple injuries brought about by "a blunt instrument and or a shod foot", but was dead before being placed in the well, the inquest heard.

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The jury returned a verdict in accordance with the medical evidence of the Assistant State Pathologist, Dr Margot Bolster, that Mr Daly had died of "brain swelling, contusion, and laceration due to blunt force trauma to the head".

Dr Bolster told the inquest that there had been "multiple blows to the head and body of Paddy Daly".

Mr Daly's death would have been "very rapid" and in her opinion he was dead before he had been put into the well.

Patrick Daly's older brother, Seán, and Seán's son, Eugene Daly, were charged in February 1996 with Patrick Daly's murder.

After three trials Eugene Daly was found not guilty of murder but guilty of manslaughter in September 2003.

The jury failed to agree in the first trial in 1998 and in 2001 the jury was dismissed after an allegation of interference with a juror.

An appeal by his legal team against the manslaughter conviction in February of this year saw the conviction upheld, but the sentence was reduced from 10 years and 11 months to six years.

The decision at the Court of Criminal Appeal brought to an end pending criminal proceedings and allowed yesterday's inquest to go ahead.

During the 2003 trial of Eugene, it was said that there had been a long-term dispute over land between the two brothers, Seán and Patrick.

Patrick had been left the 105-acre family farm of good land at Dooneen.

His married older brother Seán, who might have been expected to inherit the farm, was forced to move into a smaller house, the trial heard.

The inquest opened with the testimony of Nora O'Connell, a neighbour of the dead man, and the last person to see him alive. At around 10.50am on her daily walk around the townland of Dooneen on January 18th, 1996, she saw Paddy Daly cleaning the shed next to the calf house and he had said good morning.

Det Sgt Paul Downey, now retired, gave evidence of identifying the body and of being present when it was removed from the well.

Solicitor Pat F O'Connor told the inquest he was acting on behalf of Eugene Daly (31). Eugene Daly's story had been "well-ventilated and well-articulated" over the course of three trials, "and at all times my client's position is that he is innocent of any wrongdoing," Mr O'Connor said.

"I am here on his behalf, again, to protest his innocence".

He asked that this be reflected in the record of the inquest.

However, the coroner, Terence Casey, in his summing-up, said it was not the function of a coroner's court to determine guilt or innocence.

He said to the jury. "Your function is to decide where, when and how".

Pádraig O'Connell, a solicitor acting for the late Seán Daly, who died in 2000, said his client died an innocent man and no allegation had ever been proved against him.

"It's extremely important that the late Seán Daly be allowed lie in peace and be in no way implicated in any crime."

At the end of the inquest, Mr Casey said: "Now that this matter has come to its final conclusion, I hope that all involved will be allowed to be in peace without any further interference."