Head injury 'substantially' contributed to farmer's death, court hears

The Assistant State Pathologist has today told the trial of two brothers accused of murdering a farmer, that the head injury he sustained during a dispute on their farmyard “substantially” contributed to his death.

The jury was told that Edward Dempsey, a 49-year-old cattle farmer in the Laois/Offaly area, never fully regained consciousness after receiving a blow to the head during the row in December 2006.

He remained in a coma-like state in hospital for ten months following the incident at Hammer Lane, and died in Portlaoise hospital in October 2007 from pneumonia, blood-poisoning, and a long-standing brain injury.

In his evidence, assistant state pathologist, Dr Declan Gilson, said that although Mr Dempsey's skull fracture healed during his time in hospital, and he suffered a heart attack and developed seizures, these ailments were ultimately all connected to the original head injury.

The prosecution in the case is arguing that Mr Dempsey died because he was struck on the side of the head with the handle of a shovel by Daniel-Joseph Byrne, a builder-contractor from Co Laois who also owned a small farm near the Demsepys.

The 39-year-old, and his brother Jason Byrne (aged 33), both of Hammer Lane, Borness, Mountmellick, Co Laois, have denied murdering Eddie Dempsey on October 11, 2007.

Prosecuting lawyers say the brothers engaged in a joint enterprise, with the intention of causing serious harm to Eddie Dempsey, when he arrived at their farmyard to get back a heifer that had strayed on to their land.

The defence team maintains that the brothers told Mr Dempsey not to come into their yard, but he pushed the gate in on top of them and then made comments about DJ Byrne's Down's Syndrome daughter, before pushing him.

The Byrne's lawyers accept that DJ then hit the farmer in the head with the handle of a shovel, causing him to fall to the ground bleeding.

But they say Jason Byrne never struck Mr Dempsey in any way, despite eye-witnesses describing how he hit the farmer across the legs with a stick.

During lengthy medical evidence, the jury heard that Mr Dempsey was deeply unconscious when he arrived at Accident and Emergency on the afternoon of December 18, 2006, and had a severe head injury.

Mr Walter Conway, a consultant surgeon at Portlaoise, told the jury that the father-of-two was bleeding from the ear, blood had accumulated under his skull and he was having convulsions.

Mr Dempsey remained on life-support until January 8, when he was taken off ventilation, but he never full regained consciousness between that and his death almost ten months later.

At best, Mr Conway said, the farmer could open his eyes and respond to simple commands, but could never properly speak.

He developed a number of complications including infections in the lungs and bloodstream, and after having a heart attack, began suffering from epileptic fits.

Under cross-examination by DJ Byrne's defence lawyer, Mr Paul O'Higgins SC, Mr Conway agreed that Mr Dempsey had been “unlucky” to develop these complication.

But he said, the complications “can ultimately be traced back to his head injury”.

The medical evidence also revealed that Mr Dempsey did not sustain any significant injuries to his legs, and no medical witnesses linked his death to a leg injury.

Forensic scientist, Dr Diane Daly, gave evidence of examining the handle of a shovel that DJ Byrne handed over to Gardai when they arrived at the scene in December 2006.

She told the jury there were traces of blood on the jagged end of the shovel and this blood matched Eddie Dempseys. There was no other blood found along the shovel handle.

The jury is due to hear defence evidence in the case when the trial resumes tomorrow.