Judge delivers lengthy charge to jury in farmer murder trial

The jury in the case of two brothers on trial for murdering a 49-year-old farmer in a dispute over a stray heifer, is expected to begin its deliberations when the trial resumes next Tuesday.

The presiding trial judge, Mr Justice Patrick McCarthy, today delivered a three and a half hour charge to the jury, following more than two weeks of evidence in the case of Daniel-Joseph and Jason Byrne, at the Central Criminal Court.

The brothers, aged 39 and 33, and both of Hammer Lane, Borness in Co Laois, have denied murdering Edward Dempsey, a neighbouring cattle farmer, on October 11, 2007.

Mr Dempsey died in Portlaoise hospital on that date, 10 months after he was struck by DJ Byrne in the head with the handle of a shovel, when he arrived at his farmyard to retrieve a stray heifer.

Mr Justice McCarthy told the jury that “notwithstanding the time lapsed between the death, there seems to be little or no contest that he died because of injuries sustained on December 18, 2006.”

During his charge, he also said this was a classic case for a jury because of the ”keenly and intensely contested issues of fact”.

Witnesses for the prosecution, including Mr Dempsey's brother, John, and their farmhand, Thomas Gorman, told the trial that the Byrne brothers were smiling in their yard with their hands on sticks and “inviting” Mr Dempsey to come.

Once he was in the yard, the eye-witnesses said DJ closed the gate shut behind him and the two brothers set upon him with sticks, with DJ striking him “full-force” in the head and Jason beating him across the legs.

Senior prosecuting counsel, Ms Aileen Donnelly SC, told the jury the brothers had engaged in a joint enterprise and “were in a concerted plan to set up Mr Dempsey, lure him into the yard, get him isolated and set about attacking him with implements”.

She said the Byrnes were bitter because the Dempseys had worked their way up from small farmers to own a significant amount of land surrounding their own small farm.

She said the Byrnes had decided to teach the Dempseys a lesson following incidents with cattle breaking into their land over the years.

But taking the stand in his defence, DJ Byrne told the jury he repeatedly told Eddie Dempsey to stay out of his yard that day, but the 6 foot 3' farmer pushed the gate in on top of him saying “I'm f**king going in there and no one's going to f**king stop me.”

He said Eddie Dempsey told him he could see the “bad, dirty breeding” in his eyes, a comment DJ took to refer to his daughter who had Down's Syndrome, before coming at him with his fists closed.

DJ said he was “purely defending” himself with he hit the farmer with the handle of a shovel, as he slipped backwards on the muck.

Jason Byrne also told the jury that the farmer “busted” the gate in on top of his brother, who fell backwards into him, also knocking him off balance.

He said he did not see what happened next, but that he “never hit anybody” on the day. Jason said he was carrying a hazel-stick which he had been using to help his brother separate cattle.

His defence counsel, Mr John Shortt SC, asked the jury to remember that there had been no medical evidence to suggest that Mr Dempsey had any injuries to his legs.

Mr Justice McCarthy told the jury there were three verdicts open to them, murder, manslaughter and an acquittal if they felt the force used by DJ Byrne was reasonable given the circumstances, and there was no intention to kill or cause serious harm on the part of either of the brothers.

He also told the jury that if they find themselves considering a manslaughter verdict, they could also consider an alternative conviction of "assault-manslaughter”.

Mr Justice McCarthy said they could do this if they found that the brothers intended to cause injury, but did not intend to kill or cause serious injury, “in other words a less serious intention”.

The jury is due to begin its deliberations next Tuesday.