Son tells trial of victim's violence towards accused

The son of a woman accused of murdering her husband has told her murder trial of constant rows between his parents and of his father’s drunkenness and violence towards the accused.

Son tells trial of victim's violence towards accused

The son of a woman accused of murdering her husband has told her murder trial of constant rows between his parents and of his father’s drunkenness and violence towards the accused.

Brian O’Neill was giving evidence today in the trial of Dolores O’Neill for the murder of Declan O’Neill at their home at Coolamber Park, Knocklyon, Templeouge, Dublin on or about July 22 2002. The accused, a civil servant with the Equality Authority, denies the charge.

The Central Criminal Court heard that the deceased sustained 24 blows to the head with a hammer and 21 knife wounds to the neck in what was described as a "frenzied attack".

Questioned by prosecution counsel Mr Roger Sweeetman SC, Brian O’Neill, now 23, said he frequently intervened in late night rows between his parents.

His father stayed out drinking after work, returning home at three or four in the morning and this was a pattern for some years prior to the killing.

Asked what effect this had on his parents’ relationship he replied: "It put a strain on it".

Cross-examined by Mr Felix McEnroy SC, defending, Brian O’Neill said his father was drinking and coming home late "on a regular basis - all the time."

His mother would ask his father "what time is this to come home" and "what type of father and husband was he", at which point his father would go upstairs and blare music.

Brian O’Neill said many times he would be forced to intervene and calm the situation down.

He recalled one incident when Declan O’Neill returned drunk and attempted to drive the car.

The witness and his mother "pinned him down" and took the car keys from him.

"My mother lost her brother to a drunk driver - she felt strongly about it," he added.

On another occasion, Brian O’Neill said he noticed his mother had a bloodied nose but did not seem to notice this herself until he pointed it out.

She told him "there was a bit of a scuffle and that Declan might have hit her by accident".

Asked by Mr Sweetman if he believed that he replied: "Not at all - my mam was trying to contain the situation."

He told the court that the weekend before the killing, his parents had been to Cork.

The witness was working part time in an off license and on Sunday his mother arrived to pick him up.

"I could see, obviously, on her face there was a very large bruise…she asked me not to say anything to Declan about it. She said Declan was opening a door and that he hit her by accident."

He said: "My mam was just trying to keep everything whole."

On the night of the killing, he and his younger brother went to the cinema, returning shortly before midnight. Dolores O’Neill was sitting in their father’s car. She told them to get in and drove to their aunt’s house in Wicklow.

He said he kept asking her what had happened, saying: "I thought Declan may have hit her again."

Asked by Mr McEnroy if he ever saw his mother strike his father Brian O’Neill replied: "No, never."

In other evidence, retired State Pathologist Professor John Harbison told the court the deceased sustained approximately 24 blows to the head and 21 knife wounds to the neck. This caused extensive bleeding to the skull and surface of the brain. The cause of death was fractures to the skull from multiple blows to the head, he said. The knife wounds caused extensive bleeding but had not severed any major blood vessels.

Professor Harbison was then shown a heavyweight hammer which he identified as that found by gardaí in a shower tray off the bedroom.

Under cross-examination, Professor Harbison agreed with Mr McEnroy SC, defending, that the injuries were consistent with "a frenzied attack".

"To me, it suggests some derangement" by the assailant at the time the injuries were inflicted, he said. "I think the term overkill might be used," he added.

The trial continues.

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