Jury consider verdict in murder trial of two farmers

The jury in the case of two brothers on trial for murdering a neighbouring farmer in a dispute regarding a stray heifer, has this afternoon retired to consider its verdict.

The brothers, Daniel-Joseph Byrne (aged 39), and Jason Byrne (aged 33), both of Hammer Lane, Borness in Co Laois have denied murdering Edward Dempsey in October 2007.

Mr Dempsey, a cattle farmer on the Laois/Offaly border, died in Portlaoise Hospital on October 11 that year, 10 months after a row on the Byrne's farm at Hammer Lane.

The jury has heard that the 49-year-old arrived at the Byrne's farmyard to get back a stray heifer of his, and in the ensuing row was hit over the head with the handle of a shovel by DJ Byrne.

Byrne admits hitting the farmer, but says he was “purely defending” himself after Mr Dempsey had forced his way into his yard despite being repeatedly told to stay out.

In his direct evidence to the court, Byrne said he only struck the farmer because he was falling backwards, after Mr Dempsey pushed the gate in on top of him and came towards him with his fists closed.

Jason Byrne says he was in the yard at the time, but played no part in the dispute and never struck the farmer.

Prosecuting lawyers maintain that the brothers engaged in a joint enterprise and had planned to lure Mr Dempsey into the yard, isolate him and beat him.

They say the Byrnes were bitter because the Dempseys had increased their land to around 200 acres over the years, and their farm surrounded the Byrne's land on Hammer Lane.

They also say the ultimate cause of Mr Dempsey's death in 2007 was the blow to his head on December 18, 2006. Extensive medical evidence in the case supported this argument.

Before the jury retired to begin its deliberations, it asked the presiding judge, Mr Justice Patrick McCarthy, whether it should deliver a manslaughter verdict if it believed “the accused did not attack, but did not stop the attack as (they) wanted to see Mr Dempsey hurt”.

Mr Justice McCarthy replied that a manslaughter conviction could not be returned on those grounds.

He directed the 10 men and two women to return an unanimous verdict, and instructed them that they can consider three verdicts; murder, manslaughter and an acquittal.