ONE OF two brothers on trial for the murder of a Co Offaly farmer told gardaí he hit the dead man with the handle of a shovel when he made a remark about his daughter, who has Down syndrome.
Daniel Joseph “DJ” Byrne told Garda Darragh Rigney that neighbouring farmer Edward Dempsey said “there’s bad breeding there” before the row between the two erupted at Hammer Lane in December 2006. Mr Byrne said he took this to refer to his daughter and asked Mr Dempsey if this was what he meant, to which the farmer replied: “Yeah, you can see it in the eyes”.
Mr Dempsey (49), had driven to the Byrnes’ farm at Hammer Lane to get back a heifer that had strayed on to their land. His brother John and farm worker Thomas Gorman, who have both given evidence, accompanied him.
Last week, they told the trial that Eddie Dempsey was invited into the yard by the Byrne brothers, DJ and Jason, who then began beating him with sticks.
The Byrnes, both of Hammer Lane, Borness, Mountmellick, Co Laois, have denied murdering the father of two, who died in hospital on October 11th, 2007– 10 months after the alleged assault. Prosecuting lawyers argue he died as a result of injuries he sustained in December 2006.
Garda Rigney, who arrived at the scene minutes after the row, told the court that DJ Byrne said Mr Dempsey was repeatedly told not to come into the farmyard. Mr Byrne had told him he was standing in his yard with Jason when Mr Dempsey pushed the gate in on top of them, despite being told four times to stay out.
He said Mr Dempsey’s brother and their farmhand followed him. Mr Byrne then took up the handle of a shovel and Mr Dempsey looked at him and said “there’s bad breeding there” before pushing him. Mr Byrne told the garda he struck Mr Dempsey on the knee with the handle of the shovel, but he said the farmer kept coming forward so he swung at him again. “I hit him before I knew what happened . . . I hit him on the side of the head with the handle of the shovel, near the ear I think.”
Mr Dempsey fell to the ground he said, but got up again and was walking around before gardaí arrived.
Jason Byrne’s defence team maintain that he never struck Mr Dempsey during the incident.