TWO BROTHERS on trial for murdering a farmer after his heifer strayed on to their land have been described as “madmen” by the main witness in the trial.
John Dempsey, brother of 49- year-old Edward Dempsey, who died 10 months after he was allegedly assaulted by the Byrne brothers, told the court he also witnessed his brother getting “the blow that finished him”.
Daniel “DJ” Byrne (39), of Mountmellick, Co Laois, and Jason Byrne (33), of the same address, deny murdering Edward Dempsey on October 11th, 2007.
The prosecution contends that Mr Dempsey died in hospital because of injuries sustained during the alleged assault on December 16th, 2006. The prosecution is also arguing the case is one of joint enterprise between the two brothers.
John Dempsey said he had gone to get a heifer that had strayed into Mr Byrne’s field, but Jason Byrne roared at him “like a madman” so he left to get his brother, Eddie. When they returned, DJ Byrne was standing in his yard with his hand on a stick “like a madman” and invited Eddie Dempsey to go in and get the heifer.
Once his brother was in the yard, the witness said the gate was closed, and DJ and Jason Byrne “turned on him” and began beating him with sticks. “It just started up out of nowhere . . . Jason was hitting him on the leg, I could hear the bone in his leg cracking where he was hitting him,” Mr Dempsey said.
“Eddie got the blow that finished him on the head over the ear. DJ gave it to him as hard as he could,” the witness continued, and said his brother fell with blood pouring out of his nose and mouth.
Mr Dempsey said he dragged his brother out of the yard. But under cross-examination, it was put to the witness that it was DJ Byrne who was frightened when the Dempseys arrived because of court cases and incidents involving the Dempseys’ straying cattle.
Paul O’Higgins, for the defence, asked Mr Dempsey about “extensive court proceedings” in which neighbours had complained about their straying herd. Mr Dempsey repeatedly replied that he could not remember any of these proceedings.
“I suggest to you that this is the background to this unfortunate incident It’s for this reason that Mr Byrne was deeply worried when Eddie Dempsey pushed the gate in on him and that was the reason for this terrible trouble,” Mr O’Higgins said.
Mr Dempsey, however, denied Eddie had pushed the gate in on top of the Byrnes after they repeatedly told him not to come on their land.
Mr O’Higgins also suggested it was after Eddie had pushed the gate in that DJ swung at him in the region of the knee. He said DJ did not realise he had struck Eddie on the head. “The blow that killed your brother, but was never intended to at all, was to keep your brother back. [DJ] first thought when your brother fell that he hit his head off the pillar.”
He said DJ was “horrified” when he realised Eddie was injured and “rang for an ambulance and the gardaí immediately.”
“I don’t dispute that,” the witness replied. The trial continues.