THREE YEAR OLD Liam Riney died after a gun was discharged directly at the left side of his head, a ballistics expert told the Central Criminal Court yesterday. Det Sgt Seamus Quinn, of the ballistics section of the Garda Technical Bureau, said he had gone to Cregg Wood on May 8th, 1994, where he observed three bodies.
He observed the body of Father Joseph Walsh and some 950 feet away lay the bodies of Imelda Riney and her son, Liam. The child was clad in blue jeans, a blue jacket and wellington boots and was lying across his mother's body. Det Sgt Quinn indicated through the position of both bodies that the child appeared to be cradled in his mother's arms.
He said it appeared that Father Walsh was kneeling when he was shot.
Sgt Quinn was giving evidence on the fourth day of the trial of Mr Brendan Patrick O'Donnell (21), a native of Co Clare but of no fixed abode, who has denied the murder of Imelda and Liam Riney on a date unknown between April 28th and May 8th, 1994.
He has also denied the murder of Father Walsh (37), curate of Eyrecourt, Co Galway, between May 3rd and May 8th and falsely imprisoning him.
Mr O'Donnell has pleaded not guilty to other charges of kidnapping Ms Fiona Sampson and Mr Edward Cleary on May 7th, 1994, and to hijacking two vehicles driven by them.
He further denied having a shotgun and ammunition with intent to endanger life and for unlawful purposes on the same date.
Sgt Quinn said when he went to Cregg Wood he saw the fully clothed body of a man face down in a trench. Father Walsh's arms, head and chest were across the top of the trench and his knees were down in it. His left arm was under his head, his face was down and his two hands were meeting.
Sgt Quinn said there were no drag marks and he believed the priest died where his body was found. He noted that after the body was lifted there was a definite impression or indentation under the knees and toes, giving the impression he spent a long time kneeling.
He noted a gunshot wound to the head and estimated this was inflicted at a distance of more than 30 inches.
Some 950 feet away lay the bodies of Imelda and Liam Riney, covered with twigs but with the woman's left leg visible.
He said the child's body was lying face down. Both of his legs were fully bent as if he had slumped forward from a kneeling position.
He was lying across the head, and the left arm of the woman. She was lying on her back with her left arm above her head and fully extended. She had long red hair which was matted with twigs, moss, leaves and blood. There were bruises on her legs and aid bullet wound to her left eye.
Sgt Quinn said there was a collar of sooting surrounding the entry wound into the child's head. This indicated the gun was discharged directly against the child's head. There was no sooting on the head wounds of, Ms Riney and Father Walsh, indicating the gun had been fired from a distance of 30 inches.
He examined a BSA rifle taken from Mr O'Donnell. He also examined rounds of ammunition taken from the back pocket of Mr O'Donnell's jeans and from a box in his possession.
He examined eight used .22 inch cartridge cases found in the vicinity of Williamstown Harbour on May 12th, and bullet fragments from the three bodies found.
The rifle was a single bolt action rifle in good working order, he said. The trigger pressure was above normal and it required a definite pull on the trigger to discharge it.
He noted that in tests the ejector of the weapon had failed to throw out the spent cartridge case and it had to be picked out manually.
Sgt Quinn said there was a spent round of Westminster Henry .22 inch calibre cartridge case in the breech of the weapon. The breech was badly fouled and had been recently discharged.
Sgt Quinn said he carried out tests on the gun and ammunition and found the Westminster Henry case was discharged by Mr O'Donnell's weapon.
He said there were three kinds of .22 calibre ammunition, including Westminster Henry, in the box found in Mr O'Donnell's possession. The box had 77 rounds of ammunition in total.
He said portions of bullet taken from the bodies of the three victims all had certain things in common. They were all hollow point bullets, which are more destructive than solid bullets. Such bullets could mushroom and peel like a banana and would cause serious injury. All the bullets were copper coated and were portions of .22 inch calibre bullets.
The bullets were consistent with having been fired from the weapon taken from Mr O'Donnell but they could also have been fired from Winchester. Mauser and Remington rifles.
The trial continues today