A man on trial for the murder of his wife allegedly told gardai she "would drive you to hitting her" and that he was present when two of his sons beat her on the night she died.
Prosecution evidence also alleges the man admitted he "pushed her hard" himself, causing her to bang her head against a bedside locker, and that he later shoved her backwards, causing her to bang her head against a chair.
Mr Joseph O'Brien (49) and two of his sons, Kieran (23) and Noel (22), deny the murder of Mrs Julia O'Brien (44) in High Street, Drimoleague, Co Cork, on December 24th, 1995.
Det Sgt John Healy of Bandon said that on the evening of December 24th, 1995, he took a statement from Mr Joseph O'Brien at his home in High Street, where he was being comforted by family and friends over his wife's death. Mr O'Brien had told him his wife had been "an outstanding woman, sewing, knitting and cooking" up until two years previously when "she took to the drink".
She was abusive when challenged about her drinking, he said. "She would hit me, but I let her; I would never hit a woman." His wife would "often row with the children" as well, and sometimes these would end with "pushing, shoving and things".
Det Sgt Healy told Mr Ralph Sutton, prosecuting, that as the investigation progressed he was unhappy with aspects of the account Mr O'Brien had given. Mr O'Brien's statement said he came home at midnight whereas gardai had witnesses who saw him in Casey's pub at a later time. He said his wife was not at home when he arrived, but gardai had another statement indicating she was home before him.
With Det Garda Fitzgerald, he spoke to Mr O'Brien again on January 3rd, 1996, in Drimoleague Garda station. Initially, Mr O'Brien stuck to his account of what had happened, but when challenged over inconsistencies he admitted his wife was home before him.
He was arrested and taken to Bantry Garda station, where, according to gardai, he made a "full, detailed statement". Mr O'Brien's defence contests the statement.
In this statement, Mr O'Brien allegedly told gardai he wished to change parts of his previous statement. "I also wish to change that there was rows and I never hit her. She would drive you to hitting her. I had to give her the odd slap. Nothing serious, I'd use the open hand and brought no blood."
The statement went on to say that Mr O'Brien had previously rowed with his wife in relation to affairs he said she had with two local men. "I often accused her of being a whore, but not on the night she died," the statement read. It was one of these affairs that caused most of the rows "where slaps were thrown".
It was this "fooling around", not her drinking or taking money from them, that had turned her family against her in recent times.
His wife was already at home when he returned on Christmas Eve, the statement said. "Kieran and Noel were at home before me."
He allegedly told gardai that when he and Kieran and Noel discovered there was no food in the house when they returned from the pub they "said that the bitch" had been drinking again.
"I was a biteen cross", the statement continued. He went upstairs and challenged his wife about the money. He was in "a bit of a temper", he said. They rowed. She pushed him and he "pushed her hard" off the bed. "There was a good loud bang," he said. "It was definitely the locker and it was definitely her head that hit it."
When she crawled back to the bed, he pushed her again. They were "shouting and roaring" at each other and "she fought back", pushing and shoving him. "I did not hit that woman on that night", Mr O'Brien said.
Later, Kieran came into the bedroom and "started at her again", the statement continues. Kieran gave her two "good hard slaps" and "she fell back against the bed with the force of the blows".
Ten to fifteen minutes later his wife went downstairs and the rowing continued with Kieran and Noel. When he went down she was being hit by the two sons. "They were both punching her with closed fists."
He was trying to get her back upstairs, he told gardai, but she abused him and he gave her a shove, causing her to fall backwards. She probably hit her head against a chair. He went back upstairs but could hear "the rumpus" continuing. "They must have given her an unmerciful thumping after I went up the stairs," he said.
According to the statement, Mr O'Brien told gardai that Julia could have been "critically injured" by the time he went upstairs. He saw no kicking, the statement read. His sons must have kicked her after he went up. When he was awoken to be told she was dead, he said, he found her "lying in the same position from where I left her earlier that night".
The statement said Kieran and Noel had later told him, "we'll take the rap, we'll take the blame". Mr Michael McMahon SC, for Mr Joseph O'Brien, put it to Det Garda Healy that the statement was taken in a question and answer format.
Mr McMahon said this was contrary to the Judges' Rules. Dr Maureen Smith of the Forensic Science Laboratory said blood found on a jacket, tracksuit and a runner belonging to Mr Noel O'Brien was from the same blood group as himself, his mother and 30 per cent of the population.
Dr Smith agreed with Mr McMahon that she had no blood sample from Mr Joseph O'Brien. No blood was found on Mr O'Brien's clothes. The trial continues before Mr Justice Quirke and the jury.