Witness describes brothers as 'madmen' in farmer murder trial

Two brothers on trial for murdering a neighbouring 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 Edward Dempsey who died ten months after he was allegedly assaulted by the Byrne brothers on their farm, told the court that he also witnessed his brother getting “the blow that finished him.”

39-year-old Daniel-Joseph “DJ” Byrne of Hammer Lane, Borness, Mountmellick, Co Laois, and Jason Byrne (aged 33), of the same address, deny murdering the 49-year-old father of two on October 11, 2007.

It the prosecution's case Mr Dempsey died in hospital on that date because of injuries he sustained during the alleged assault at Hammer Lane on December 16, 2006.

The prosecution is also arguing that the case is one of joint enterprise between the two brothers.

During his evidence, John Dempsey said he went to Hammer Lane to get a heifer who had strayed into the Byrne's field, but Jason Byrne had 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 to go in and get the heifer.

Once his brother was in the yard, the witness said the gate was closed behind him and both 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 to the ground with blood pouring out of his nose and mouth.

Mr Dempsey said he then 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 about what would happen when the Dempseys arrived at his yard, because of a series of court cases and incidents over the years involving the Dempseys straying cattle.

Senior defence counsel, Mr Paul O'Higgins, 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 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 that 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 that 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 that 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.

Gardaí who arrived on the scene brought Mr Dempsey to the Midlands Regional Hospital, but his condition deteriorated on the way and he was unconscious by the time they arrived.

He was suffering from a head injury, including a fractured skull, and spent a time on life-support.

Over the next ten months Mr Dempsey remained in hospital where his condition continued to deteriorate before he passed away in October 2007.

The trial continues in the morning before Mr Justice Patrick McCarthy.