Accused denies hitting alleged murder victim

The second of two Co Laois brothers on trial for murder has told the jury in his case that he never struck the man they are accused of killing.

Taking the witness stand on day nine of his murder trial, 33-year-old Jason Byrne told the court he never hit his neighbour, Edward Dempsey across the legs with a wooden stick, as he is been accused of doing.

Mr Byrne, who trained as a Garda for a short time before resigning from the force, described Mr Dempsey as being angry on the day in question, and shouting at him that he was “scum” and “even the Gardaí wouldn't keep you”.

The incident happened on December 18, 2006 at the Byrne's farmyard on Hammer Lane in Co Laois.

“Eddie” Dempsey, a 49-year-old cattle farmer, had arrived there with his own brother, to get back a heifer that had strayed into the Byrne's land.

Jason's older brother, “DJ” Byrne (aged 39), who is also accused of murder, has admitted in his evidence, that he hit Mr Dempsey with the handle of a shovel, after Eddie Dempsey forced his way into his farmyard.

In the lead up to the altercation, DJ Byrne had rang the Dempseys to inform them he had contacted the pound to remove their heifer. He told the jury he did this because he wanted to avoid conflict and did not want the Dempseys on his property.

He said he was “purely defending” himself with he struck Mr Dempsey, whom he said was towering over him with his fists closed, after telling him he could see “bad and dirty breeding” in his eyes.

DJ Byrne said the farmer had knocked him backwards, after forcing the gate in on top of him.

The Byrnes, both of Hammer Lane, Borness in Co Laois, deny the murder of Mr Dempsey. He died ten months after the incident at Portlaoise hospital.

Lawyers for the state argue he died because of the head injury he sustained after being struck by DJ Byrne. They also say the brothers entered into a joint enterprise that day with the intention of seriously injuring Mr Dempsey.

But when asked by his defence counsel, Mr John Shortt SC, whether he had “entered into any arrangement with your brother to give Edward Dempsey a beating of any kind”, Jason Byrne replied that no such arrangement had been made.

He said he had been on his way into town with his fiancee to post Christmas cards earlier that day, when he noticed Edward Dempsey's brother John, standing in front of his youngest brother and “wagging his finger at him”.

When he asked Mr Dempsey what was going, he replied his cattle were in the Byrne's field.

Jason Byrne told him neither he nor his cattle should be on their property, and Mr Dempsey said he was going to get help to “sort this out once and for all”.

Following the phone call about the pound, Eddie and John Dempsey back at the Byrne's yard.

Jason Byrne said John Dempsey was angry and aggressive, and was shouting at Eddie: “Go in, go on they can't f**king stop you.” John Dempsey walked out of the courtroom at this stage of the evidence.

Jason Byrne continued that Eddie accused him and his brother of “stealing cattle from him all our lives and re-tagging them”.

He said the farmer banged his two fists down on the gate and then shoved it in on his brother, who fell back against him and knocked him off his balance.

It was then that DJ Byrne admits he hit Eddie Dempsey with the wooden handle he was carrying.

Mr Shortt put it to his client that two eye witnesses, including John Dempsey, had described him as hitting Eddie Dempsey across the legs with the handle of a brush, so the bone in his leg could be heard cracking.

“I did not strike anybody, I did not strike Edward Dempsey” Jason Byrne replied. He said he never had the handle of a brush, but was carrying a stick which he had been using to herd cattle.

Byrne is due to be cross-examined when the trial resumes tomorrow.