Deceased farmer remarked on my Down's Syndrome daughter, accused tells court

One of two brothers on trial for the murder of a Co Offaly farmer told gardaí he hit the dead man with the handle of a shovel, when he made a remark about his daughter who has Down's Syndrome.

Daniel-Joseph Byrne told Garda Darrell Rigney that a neighbouring farmer, Edward Dempsey said “there's bad breeding there, you can see it in the eyes” before the row between the two erupted at Hammer Lane in December 2006.

Byrne said he took this to refer to his daughter who has Down's Syndrome and asked Mr Dempsey if this was what he meant, to which the farmer replied: “Ya, you can see it in the eyes.”

Mr Dempsey (aged 49), had driven to the Byrne's farm at Hammer Lane on the afternoon in question to get back his heifer that had strayed on to their land.

His brother, John Dempsey, and their farm worker Thomas Gorman, who have both given evidence in the case, accompanied him.

Last week, they told the trial that Eddie Dempsey was invited into the yard by the Byrne brothers, but when he walked in “out of nowhere” the brothers began beating him with sticks.

They described how Jason Byrne hit Mr Dempsey across the legs with the handle of a brush and DJ Byrne hit him “full-force” across the head.

The Byrnes aged 39 and 33, and both of Hammer Lane, Borness, Mountmellick, Co Laois, have denied murdering the father of two on October 11, 2007.

Mr Dempsey, a substantial cattle farmer in the Laois/Offaly area, died in hospital on that date - ten months after the alleged assault on the Byrne's farm.

Prosecuting lawyers are arguing that he died as a result of injuries he sustained in December 2006 and that the Byrnes engaged in a joint enterprise to harm Mr Dempsey.

But Garda Rigney, who arrived at the scene minutes after the row, told the court that DJ Byrne said Mr Dempsey was repeatedly told not to come into the farmyard.

Byrne said he was standing in his yard with his brother Jason, when Eddie Dempsey pushed the gate in on top of them, despite being told four times to stay out.

He said Mr Dempsey's brother and their farmhand followed two steps behind him. Byrne then took up the handle of a shovel and Mr Dempsey looked at him and said: “There's bad breeding there” before pushing him.

Byrne struck Mr Dempsey in the knee with the handle of the shovel, but he said the farmer kept coming forward so he swung at him again.

“I hit him before I knew what happened....I hit him on the side of the head with the handle of the shovel, near the ear I think,” Byrne said.

Mr Dempsey fell to the ground he said, but got up again and was walking around before the Gardai arrived.

The court was also shown the handle of the shovel that DJ Byrne handed over to Gardai at the scene, after admitting he used it to hit Mr Dempsey.

On the day of his arrest in January 2007, Byrne also handed over a hazel-stick that he said his brother Jason had been carrying on the day.

Jason Byrne's defence team maintain that he never struck Mr Dempsey during the incident.

The jury also heard evidence from Detective Garda Pat Lyne, who was the first officer on the scene on the afternoon of December 18.

He described Eddie Dempsey as being pale, shaky and unsteady on his feet with a large bump over his right eye and blood all over the front of his jacket.

Detective Lyne decided to drive him to the Midlands Regional Hospital and on the way there Mr Dempsey's condition deteriorated, his conversation became slurred and he held his head in his hands.

By the time they arrived at the hospital he was unconscious and was found to be suffering from a head injury, including a fracture to the skull.

The jury of 10 men and two women are due to hear evidence of Garda interviews conducted with DJ Byrne following his arrest when the case resumes later today.