Nally trial resumes

The manslaughter trial of Mayo farmer Padraig Nally resumed at the Central Criminal Court in Dublin today after he was released from hospital where he was being treated for a medical condition.

The trial of the 62 year old, who denies the unlawful killing of Traveller John ‘Frog’ Ward, was adjourned on Friday after the jury heard tests were being carried out in hospital.

Today prosecution witness Detective Sergeant James Carroll gave evidence of a statement he had taken from the accused of Funshinaugh, Cross, Claremorris after the killing on October 14th 2004.

Reading from the statement he said Mr Nally told him that after meeting the deceased's son Tom Ward in a car in his driveway he saw John Ward going in the back door of his farm. He said he went back to his shed and took a gun out of a barrel there which was already loaded.

He said he recognised Mr Ward from a Saturday a fortnight before when he had driven a black car and asked for directions to the lake to go fishing.

Mr Nally told gardaí: “I said what are you doing in there you rogue.” He said he was not sure if he aimed the gun but it went off with excitement, hitting Mr Ward on the right hip.

At this point he said Mr Ward went straight for him and a fight began. He kicked Mr Ward on the broad of his back and he said the pair exchanged blows. He said Mr Ward tried to pull him by the collar and kick him in the stomach and the balls. He said the deceased had tried to grab the gun but he put him up against the jam in the kitchen door in a “real movie type effort".

He said he then beat the deceased about the head with a piece of ash wood. “I struck him on the head and hands and feet. I must have struck him 20 times anyways.”

He said Mr Ward was shouting “Tom, Tom,” for his son who he could hear revving the car. He gave him a push and kicked him on the broad side of the back as he lay in a heap of nettles. He said he went into the shed to get more cartridges and when he came out he said he saw Mr Ward walking along the road towards the village of Cross.

He pulled up the gun and shot him again. He said he died instantly and he threw his body over a wall.

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