Farmer Tom Niland “can now rest in peace”, his family said after three men were jailed on Thursday for between 14 and 15 years for his unlawful killing.
The sentences imposed by Mr Justice Paul McDermott were “as fair as they could be”, said Mr Niland’s cousin, Michael Walsh, who described the deceased farmer as “a gentle giant”.
Mr Niland (75) died on September 30th 2023, 20 months after being attacked by the three in his west Sligo home on January 18th 2022.
Mr Paul McDermott, imposing sentence, said this was a “cowardly” and unlawful killing “of a savage kind”, following a planned robbery of a defenceless elderly man in his own home “where he was entitled to feel secure”.
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The evidence was that John Irving, John Clarke and Francis Harman came together and planned and executed the robbery of Mr Niland, he said. They “clearly understood he was alone”, that was why he was targeted, and that he was “an elderly man who could be overcome”.
“They wanted whatever money he had, were determined to extract it from him and he was beaten so badly he was unrecognisable by his neighbours and family.”
Mr Niland had not just suffered an awful attack, he had to endure “very real suffering” for some 20 months afterwards and his family and friends were traumatised by witnessing that.
That was part of this crime and the level of responsibility for what the attackers did.
Everyone, the judge said, is entitle to presume their home is safe and secure, the elderly are especially vulnerable to serious effects from attacks, “even if they survive”.
This “cowardly attack” must have been “terrifying” for Mr Niland who was brave enough, before he deteriorated, to give his account of what happened. That had “a starkness and simplicity to it”: he described hearing a knock at his door, opening it, seeing three men with their faces covered who pushed him back into the house, shouting ‘where’s the money’. He said he told them there’s no money, to get out and grabbed one by his right hand, but they hit him and “kept punching and kicking me while I lay on the ground”.
Mr Niland had “put it pithily”, the judge said: “They gave me an awful doing.”
“And they did,” the judge said.
Mr Niland, he said, was “the most central and important person” in this case and he and his life “should not be defined by how he died but how he lived”. He was warmly regarded by those who knew and loved him as was clear from victim impact statements.
Having set the appropriate headline sentence towards 20 years, the judge jailed Irving (31), of Shanwar, Foxford, Co Mayo, who six days into his trial at the Central Criminal Court last July pleaded guilty to the manslaughter of Mr Niland, for 16 years, with the final year suspended on conditions.
The judge took into account Irving’s late admission of guilt and said this offence had “many attributes” of a previous incident in 2013, involving two people, one of whom was then 19-year-old Irving, during which there was an attack on an elderly man in his home. Irving, who was convicted of burglary and criminal damage, had said he was outside the house in question.
The judge also considered psychological reports on Irving, who has a long history of ADHD, drug and alcohol abuse, episodes of self-harm, and was diagnosed some years ago with schizo-affective disorder. Irving, who apologised for the attack on Mr Niland, has completed some programmes in prison to address his problems, he added.
Francis Harman (58) of Nephin Court, Killala Road, Ballina, Co Mayo, and John Clarke (37) of Carrowkelly, Ballina, had pleaded guilty to manslaughter before the trial opened.
Both were jailed for 15 years, with the final year suspended in each cases on conditions.
The judge took into account their early pleas, expressions of remorse and their apologies to the family. All three will get credit for time already served in custody.
In a statement afterwards on behalf of Mr Niland’s family, Michael Walsh expressed their “deepest gratitude” to An Garda Síochána who “pursued the criminals with unwavering relentless determination”. Special thanks was extended to Superintendent Mandy Gaynor, Inspector Paul Kilcoyne, Detective Sergeant Michael Kelly, Garda Niall McDonnell and the “wonderful” family liaison officer, Detective Caroline Bruen.
They thanked the prosecution legal team; nurses, doctors, and staff in Sligo University Hospital, their “wonderful” friends and neighbours, all those who sent mass cards, medals, letters and prayers, and the media.
Mr Niland suffered brain injuries, a fracture to his eye socket and multiple rib fractures after the three men broke into his home on January 18th 2022 and assaulted him.
The attackers took about €800 before leaving in their white Vauxhall van, later linked to them as a result of an intensive Garda investigation.
Mr Niland died from his injuries on September 30th 2023 and the primary cause of death was complications of blunt force trauma to the head.
All three were originally charged with murder but the DPP later reduced that to manslaughter.
