Traveller shot dead as he fled, trial told

A Co Mayo farmer shot a Traveller dead as he fled from his land, a court heard today.

A Co Mayo farmer shot a Traveller dead as he fled from his land, a court heard today.

Padraig Nally also beat his victim so severely he suffered a broken nose and his skull and bones could be seen through eight lacerations in his head, a jury was told.

The 62-year-old, of Funshinagh Cross, Claremorris, is charged with the manslaughter of John 'Frog' Ward, a father-of-11, on October 14th, 2004. Mr Nally has pleaded not guilty to the allegation.

Outlining the case Paul O'Higgins SC, state prosecutor, told the jury of eight men and four women that Mr Nally was in the kitchen of his bungalow when he heard a car revving outside.

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He said Mr Nally told gardai that he approached the vehicle where he saw the victim's son and returned to the rear of the farmhouse where he came face to face with Mr Ward.

"The suspicion of Mr Nally is that he was up to no good, maybe burglary or ready to steal from some part of the farmyard," he said.

"Padraig Nally then got a shotgun that was kept in a shed and he approached John Ward who was either coming out of the back door of the house or somewhere around the back door of the house and shot him through his right hand."

The bullet went across his right hip and buttock.

Mr O'Higgins said the pair struggled, with Mr Nally claiming the victim tried to get hold of the single shot shotgun. It is said with the victim on the ground, the farmer then beat him black and blue with a 2ft stick.

"He struck eight blows to his head and skull, which went through to expose bone and skull," he said.

The prosecutor told the court Mr Ward suffered a number of other injuries, including a broken forearm, and that Mr Nally told gardai it was like hitting a badger - that you could hit him but not kill him.

Mr O'Higgins said as the Traveller retreated and attempted to flee the scene, Mr Nally returned to the shed, got three more shotgun cartridges and shot the limping man.

The fatal blow went through his left arm, entered his chest cavity, and went in to his lungs and penetrated the heart killing him almost instantly.

Mr Nally then removed the dead man's remains from the road, throwing the body over a nearby wall or fence.

Mr O'Higgins warned the jury that Mr Ward's presence on the farm, whether unlawful or not, was not an issue for the court.

Before being sworn in, potential jurors were advised to try the case without prejudice against the travelling or farming community.

The hearing, which will resume in Dublin's Central Criminal Court on Wednesday, is expected to run into next week.