Murder accused claims victim made derogatory comments about daughter

A father of three who is on trial along with his brother for murder, told gardaí he was shocked when the man he is accused of killing made comments about his daughter who has Down's Syndrome in the months prior to the incident.

During interviews with gardaí following his arrest, Daniel-Joseph Byrne said a neighbouring farmer, Edward Dempsey, made a comment about “bad breeding” in his house, while they were engaged in farm work.

Byrne told detectives he couldn't believe a man with children of his own would say something like that, but said he didn't react on that occasion.

Byrne (aged 39), also told gardai that Mr Dempsey made comments again about his daughter's Down's Syndrome just before he hit him across the head with the handle of a shovel in December 2006.

The incident happened at the Byrne's farmyard on Hammer Lane, after Mr Dempsey arrived there to get back a heifer that had strayed on to their land.

Byrne said the farmer looked at him and said there was “bad breeding” in him before pushing him. Byrne retaliated by striking him with the handle of a shovel.

The prosecution is arguing that Mr Dempsey died in Portlaoise hospital 10 months later, in October 2007, because of the head injury he sustained.

Lawyers for the State also say that “DJ” Byrne, and his brother Jason Byrne (aged 33), engaged in a joint enterprise with the intention of causing serious injury to “Eddie” Dempsey on the day.

The Byrnes, both of Hammer Lane, Borness, Mountmellick, Co Laois, deny the murder of the 49-year-old father of two on October 11, 2007.

Witnesses for the prosecution have told the jury that the Byrne brothers “invited” Eddie Dempsey into their yard to get his heifer, and once he was in the gate was slammed shut behind him and they began beating him with sticks.

They said Jason Byrne beat him across the legs so hard that the bone in his leg could be heard cracking, and that DJ Byrne struck him full force across the head with the handle of a shovel.

Defence teams for the Byrnes accept that DJ Byrne struck Mr Dempsey across the head, but say he only did so after the farmer forced his way into the yard despite being told to stay out.

Lawyers for Jason Byrne maintain that he never struck Mr Dempsey during the incident.

Gardaí who arrived at the scene told the court that DJ Byrne said “ I hit him guard, you can arrest and charge me” and handed over his stick to them.

They described Eddie Dempsey as being pale, shaky and unsteady on his feet with a large bruise over his right eye, blood coming out of his ear and blood all over the front of his jacket.

They drove him to A&E but he had fallen unconscious by the time they arrived and was found to be suffering from a severe head injury, including a fractured skull.

During his interviews with investigating gardaí in January 2007, “DJ” Byrne told them of continuous trouble with the Dempseys over the years, with their cattle breaking into his land on a regular basis.

In the 12 months leading up to the incident, Byrne said the situation worsened, with cattle breaking in once or twice a week. He would have to put the cattle back into the Dempsey's land and re-fence their land himself, he said.

Byrne, a builder-contractor who also owns a small herd of cattle near the Dempseys' land on the Laois/Offaly border, said he would ask them to fence their land, but they would reply “why bother?"

If he threatened to report the incidents to the gardai, Byrne said the Dempseys would tell him to go ahead and “made out like (they) had an inside contact.”

Byrne said almost everyone living on Hammer Lane had some experiences with the Dempseys.

“ If the people of the lane weren't intimidated, they would all stand up. Fear is not a nice thing” Byrne said.

The jury is due to hear medical evidence when the case resumes today.