Two brothers have gone on trial at the Central Criminal Court accused of murdering a Co Offaly farmer two years ago.
Daniel-Joseph “DJ” Byrne (38), of Hammer Lane, Borness, Mountmellick, Co Laois and Jason Byrne (32), of the same address, have both pleaded not guilty to the murder of Edward Dempsey (49), on October 11th 2007.
Counsel for the prosecution Ms Aileen Donnelly SC, told the jury that the two accused took part in a joint enterprise on December 18th 2006, and as a result of that Mr Dempsey, a married father of two, died in hospital ten months later.
She said the case was one of “joint responsibility, common design or joint enterprise between the two accused to, at the very least, cause injury to Edward Dempsey.”
She told the jury of six women and six men that as a result of what happened, Mr Dempsey, of Moneyquid, Killeigh, Mountmellick, was taken to Portlaoise Hospital, in due course transferred to St James’s Hospital in Dublin, and then brought back to Portlaoise where he died.
The court heard that the deceased’s land was in the vicinity of the Byrne’s farm and that some of that land was located on Hammer Lane, just off the road between Mountmellick and Portlaoise.
Ms Donnelly said that on the day in question, the deceased’s brother, John Dempsey noticed that one of their heifers had strayed in to the Byrne’s field, close to Hammer Lane.
John Dempsey went and told his brother Edward and the two men, along with another farm-worker, drove to Hammer Lane and up to the Byrne’s property.
Ms Donnelly said the two accused were standing in their yard and\“invited” Edward Dempsey on to their property to get the heifer.
She said DJ had the handle of a shovel in his hand and Jason had “some kind of stick” and that Mr Dempsey was struck by both of them.
She said he was struck on the legs by Jason and on the head by DJ, before John Dempsey went into the yard and got his brother, who had fallen on the ground, out of the yard.
She said it took both John Dempsey and the farm worker to help his brother to his feet.
The gardaí arrived shortly afterwards and after hearing some details of what had happened, put the deceased into the back of the car and drover him to Portlaoise Hospital.
She told the jury they will hear evidence that the deceased’s condition deteriorated on the way to hospital and the gardaí witnessed him getting “a spasm of fits.”
By the time they arrived at hospital, Ms Donnelly said Mr Dempsey was essentially unconscious.
She said he had a serious brain injury to the right side of the head and his consciousness was impaired. After a time Mr Dempsey was transferred to St James’s Hospital in Dublin where he suffered a blockage of his main artery and where his brain injury continued to deteriorate.
He was transferred back to Portlaoise Hospital where he died on October 11th 2007.
Ms Donnelly told the jury they will hear medical evidence that the cause of death was pneumonia, septicaemia, a long-standing brain injury and a fracture to the skull.
She said it was the case that the injuries Mr Dempsey received on the 18th December 2006 “caused his death in so far as they substantially contributed to his death.” She said at the time of the killing, either DJ or Jason, or both, had the intention to kill or cause serious injury to Mr Dempsey.
Before sending the jury home for the day, Mr Justice George Birmingham instructed them to keep an “open mind right to the end” of the case.
He also warned them that the case was likely to attract media attention but that they shouldn’t be influenced by any reports they happen to read.
The trial is expected to last two weeks.