Younger brother acquitted in murder trial

The younger of two Co Laois brothers on trial for murdering a farmer in a dispute over a heifer, has walked free from court after being acquitted by a unanimous verdict.

Jason Byrne (aged 33) who works as a builder-contractor with his older brother and co-accused, Daniel-Joseph Byrne, had denied murdering Edward Dempsey in 2007.

“Eddie” Dempsey, a substantial cattle farmer on the Laois/Offaly border, died in Portlaoise hospital on October 11 that year, 10 months after a row at the Byrne's farmyard.

The prosecution argued that the 49-year-old's ultimate cause of death was the blow to the head struck by “DJ” Byrne on December 18, 2006, during the row. Extensive medical evidence in the case supported this argument, and DJ has admitted to hitting Mr Dempsey across the head with a wooden shovel handle.

Jason Byrne however maintained that although he was present in the yard, he played no part in the incident and never struck the farmer.

He stood side by side with his brother as the verdict was read out, the two brothers giving no reaction when Jason was cleared of murder.

His fiancée of seven years, Michelle Murphy, who gave evidence in the trial, bowed her head silently, while seated behind her, Mr Dempsey's widow, Aileen Dempsey, stared straight ahead.

During the four-week trial, DJ Byrne gave evidence that he was “purely defending” himself when he struck Eddie Dempsey.

Byrne, who also owns a small farm and cattle herd on Hammer Lane as well as his building/contracting business, described how the neighbouring farmer arrived at his yard with his brother, John Dempsey, to get back a heifer that had strayed onto his land.

Byrne said he repeatedly told the farmer not to come on to his property, but Eddie slammed his fists down on the gate saying “I'm f**king going in there and no one's going to f**ing stop me.”

He said Mr Dempsey then pushed the gate in on top of him, knocking him backwards and into Jason, who was also in the yard.

DJ Byrne said Mr Dempsey shouted at them that they were “b****rds” and “scum”, and was towering over him with his fists closed when he hit him with a shovel handle he'd been using to separate cattle.

Jason Byrne, who also took the witness stand in his defence during the trial, said he played no part in the row, nor did he witness anything, he told the jury, because he was knocked to the side by DJ.

He said it was not true that he had struck the farmer across the legs with the handle of a brush, as John Dempsey had told the court in his evidence. Mr Dempsey said Jason Eddie across the legs so hard that he could hear the bones cracking.

But there was no medical evidence to support this, nor did doctors find any injuries to Mr Dempsey's legs.

The prosecution had argued that the brothers acted in joint enterprise and were in a concerted agreement to lure the farmer into the yard, isolate him and give him a beating with weapons.

It said the Byrnes wanted to teach the Dempseys a lesson following numerous incidents over the years with cattle trespass, and an alleged incident where Mr Dempsey insulted DJ Byrne's daughter, who has Down's Syndrome.

Jason told the court however that there was no such agreement between him and his brother. “I did not strike anybody, I did not strike Edward Dempsey” he said, telling the court he never had the handle of a brush, but had been carrying a stick that he used to herd cattle.

His defence lawyer, Mr John Shortt SC, also said to the jury “Jason Byrne is not a murderer, he is not a killer, he is not cold-blooded” and said it was unreasonable for them to be asked to consider that a man “over a stray heifer turned into a killer or became involved in a plot to kill or cause serious harm”.

And after deliberating for almost four hours over two days, the jury agreed and acquitted Jason Byrne.

They are due to resume their deliberations in the case of DJ Byrne today.