Jury warned against 'prejudice' during trial

Nally case: jury selection:The jury in the murder trial of Pádraig Nally, the Mayo farmer charged with killing Traveller John Ward, was warned it must try the case strictly on the evidence and without prejudice against the Travelling or farming community.

Mr Nally (62) was charged with unlawfully killing John Ward (42), at Funshinaugh Cross, Co Mayo, on October 14th, 2004. He pleaded not guilty to the crime.

In advance of the trial, Mr Justice Paul Carney told a potential jury there had been a high level of publicity surrounding the case.

"This case has engendered a great deal of publicity, perhaps more than any other in the history of this court," he said. "It has also engendered extremely strong feelings."

However, he said the jury must try the case strictly on the basis of the evidence. "Anybody serving is warranting that he or she can do that without any prejudice towards the Travelling or farming community," he said.

He then swore in a jury of eight men and four women to hear the trial before Judge Kevin O'Higgins.

The trial opened in the Central Criminal Court shortly after midday and the judge told the jury that witnesses would not be called until tomorrow due to the unavailability of defence counsel Brendan Grehan SC.

However, an opening statement was made by Paul O'Higgins SC, for the prosecution. He told jurors how Mr Ward was shot in the hand before being beaten "black and blue" by the defendant. He said the accused got a stick about two feet long to beat the victim.

He said there were eight laceration wounds on Mr Ward's head and skull, deep enough to expose the bone when his body was examined. He also had a broken nose, 25 bruises to his body, and injuries on his left forearm consistent with defending blows.

Mr O'Higgins said Mr Nally had described the beating to gardaí as "like hitting a badger or a stone. You could hit him but you could not kill him".

He described how Mr Ward was left lying in a bed of nettles before finally being shot dead. He said he would argue that Mr Ward was not lawfully killed.

"The killing in these circumstances was not and could not be a lawful killing," he said. "There is not a death penalty for burglary in this country."