Trial of brothers in connection with killing of Offaly farmer collapses

The jury has been discharged in the trial of two brothers accused of murdering Edward Dempsey (aged 49), a Co Offaly farmer, because of “insuperable” difficulties.

Daniel-Joseph “DJ” Byrne (aged 38), and Jason Byrne (aged 32), both of Hammer Lane, Borness, Mountmellick, Co Laois, had pleaded not guilty to murdering “Eddie” Dempsey on October 11, 2007.

Mr Justice George Birmingham told the jury that both legal teams in the case had been discussing legal matters in their absence.

“The difficulties identified are insuperable...it is now clear the trial has to come to a halt," he told the six women and six men.

He said the trial would proceed at another date in the future before a different jury.

During the seven-day trial, the Central Criminal Court heard counsel for the prosecution, Ms Aileen Donnelly SC, said that the brothers had engaged in a “joint enterprise” on December 18, 2006, and as a result of that Mr Dempsey, a married father of two, died in Portlaoise hospital 10 months later.

The deceased's brother, John Dempsey, told the jury that he saw DJ and Jason Byrne “turn on” his brother and beat him after they had “invited” him into their yard to get a heifer that had strayed into their field.

He said that Jason Byrne used the “handle of a brush” to beat Eddie on the legs.Mr Dempsey said he saw DJ Byrne hit Eddie “with the greatest power...he hit him over the right ear as hard as he could swing.”

He said he had to drag Eddie out of the yard and help him to stand before gardaí arrived and brought him to Portlaoise hospital.

Under cross-examination by counsel for the defence, Mr John Short SC, Mr Dempsey denied that his brother had been told four times by the Byrnes not to come onto their property.

He said it was untrue that Eddie pushed the gate in on top of DJ Byrne and then accused the two brothers of stealing cattle.

Mr Short put it to John Dempsey that the deceased had told Jason Byrne he was “scum” and said to DJ Byrne: “there's bad breeding there.” But Mr Dempsey said he had never heard any words exchanged between them.

Detective Garda Pat Lyne gave evidence that when he arrived at the scene on Hammer Lane, DJ Byrne said to him: “I hit him, you can arrest and charge me".

He said that on the way to hospital, Mr Dempsey's condition deteriorated and he seemed to get a fit of spasms.

By the time they had arrived at A and E, Detective Garda Lyne said the deceased was lying across the back seat.

The court also heard evidence that in a statement to gardaí after his arrest in January 2007, DJ Byrne said that on the day in the deceased said to him “there's bad breeding there, you can see it in the eyes".

The accused said he took this to refer to his daughter who has Down's Syndrome. He told gardaí that he asked Mr Dempsey if this was what he was implying and that he replied “ya, you can see it in the eyes.”

This morning Mr Justice Birmingham told the jury that it was with “regret” that he would have to discharge them.

He said that following discussions between the legal teams in their absence, it was clear that the trial would have to stop because of difficulties that were “insuperable.”

“What has happened is extremely unfortunate...but seems to be unavoidable,” he said.

Mr Justice Birmingham said that the only way he could mark his regret was to exempt them from jury service for life.

The trial is to proceed again before a different jury at a future date.