Nally 'demented with fear' of attack, says neighbour

A neighbour of Co Mayo farmer Pádraig Nally, who is on trial for manslaughter, has claimed Mr Nally was "demented with fear" …

A neighbour of Co Mayo farmer Pádraig Nally, who is on trial for manslaughter, has claimed Mr Nally was "demented with fear" about attacks on his property. Michael Varley said that Mr Nally had lived at the farm with his parents until they recently died.

Mr Nally (62), Funshinaugh, Cross, Claremorris, has pleaded not guilty at the Central Criminal Court in Dublin to the unlawful killing of John Ward, a father of 11, after he entered his land on October 14th, 2004.

Asked under cross-examination by Michael Bowman, defending, about Mr Nally's character, Mr Varley said: "If there was ever any bit of bother I'd just go to Pádraig and he'd just drop tools and come with you."

However he said more recently Mr Nally had had concerns about his property, including a chainsaw and other things that had been taken.

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He said: "The way Pádraig would be talking, he was afraid." In his opinion, "the man was demented with fear".

Asked if Mr Nally was aggressive or violent, he said: "Pádraig Nally was never a violent man. He never said a word to anybody or raised a hand in his life and he wouldn't have now but for what happened."

Asked by John Jordan, prosecuting, if he had seen any marks on Mr Nally after he met him shortly after the killing, he said: "I saw bits of blood on his hands, that's all. I didn't go looking to see were his hands cut."

Asked if there had been any signs of a struggle on him, he said: "Pádraig Nally told me when John Ward caught him by the throat that if he got him in the testicles he would have been done for. 'It was either him or me'. "

He agreed Mr Nally was a strong man.

State Pathologist Dr Marie Cassidy told the court Mr Ward had died as a result of a shotgun wound to the trunk, with blunt force wounds to his head being a factor. The bullet wound had damaged his heart and he would also have lost a lot of blood from the head wounds. Death was due principally to blood loss.

Det Sgt James Carroll told Mr Jordan that he had interviewed Mr Nally a number of times after the alleged offence. He read from an interview transcript in which Mr Nally said he had got into a struggle with Mr Ward who was trying to kick him in the testicles.

He said he caught him by the throat, got him on his back and "I got a stick and I hammered the dust out of him".

He had become enraged after seeing Mr Ward coming out of his house. He had been afraid Mr Ward's son would come in after him as he had seemed "awful strong".

Asked about picking up the gun for the second time, he said: "I said to myself he wasn't going again. I'm so long being raided. This was going to be the last time." He said he intended to shoot Mr Ward whom he had seen three weeks beforehand. "I didn't know his name but I know it was the same fellow."

He said he broke the gun and when the first cartridge popped he cocked it again. He said he was "out of his mind" thinking about what was going to happen and he wanted to "finish off" the victim.

"I couldn't live with it any more," he said.

He said Mr Ward was walking on and didn't look back when he pointed the gun in his direction and fired. He said he knew he was dead as there was no sign of breathing.

He then threw the gun on the side of the road, put his hands under Mr Ward's shoulders and lifted him over a wall.

He said: "I was afraid last night somebody would come in and I would be got in my bed."

He denied he had been trying to hide the body.

The trial continues today before Mr Justice Kevin O'Higgins and a jury of eight men and four women.