Witness tells of 'all-out riot' that was starting at scene of man's killing at Kerry cemetery

The court heard the witness testify: 'I saw other people with things when they were running. I barely saw them. I saw an implement similar to a sword. I saw implements all over the place'

The witness told the court: 'I saw Tom Dooley (pictured) and he seemed to be dead, there wasn’t a stir out of him.' Picture via Facebook

A witness present in the graveyard in Tralee on the day 43-year-old Tom Dooley was killed at a funeral told the judge and jury in the murder trial that he saw one man with a sword raised and he thought an “all-out riot” was about to happen.

Eyewitness Michael Kennedy — a halting site caretaker — was present near the entrance to the cemetery that morning. On Wednesday he described what he saw.

“When the cortege got to the graveyard — around the time the coffin was taken from the hearse for the 100 yards walk to the grave — I heard, ‘Come on now boys’,” he testified.

Asked if he knew who shouted this, he said it was Patrick Dooley who he had known for about 20 years as a nice man. 

“I thought he was right behind me. There was a massive amount of screaming and everything going on. I thought it was an all-out riot going on, on the spur of the moment. I watched out for myself. A group of men were running down. I didn’t know there was going to be a massive riot.” 

As for who was there, he said: “Patrick Dooley – it was him anyway” and other men he didn’t know.

“I saw other people with things when they were running. I barely saw them. I saw an implement similar to a sword. I saw implements all over the place,” he said, clarifying that he did not see who held the sword. “I thought it was somewhere up high.” 

Prosecution senior counsel Dean Kelly asked the witness: “When you say Patrick Dooley and a couple of men, how many?” Mr Kennedy replied: “I wouldn’t know. The fright I got. I thought it was all-out war, an all-out riot going to start — five or six men. Four or five or six men.” 

He said he saluted Patrick Dooley and that he (Patrick Dooley) saluted back but that it was “very cool, agitated, cool, like. He wasn’t near as friendly as he would be usually. I usually have a chat with him.

“(Later) I walked down to where the trouble was. I saw Tom Dooley and he seemed to be dead, there wasn’t a stir out of him. Some people were trying to help him — trying to get breaths into him… Some fella had Lucozade. He was pouring it on him — on Tom Dooley… They were trying to resuscitate him in the ambulance.” 

Shortly afterwards in Kelleher’s garage across from the cemetery he said he saw the late Tom Dooley’s wife, Siobhán. “She had an injury to her shoulder like someone who was after being attacked.” 

Asked again if he knew the other men with Patrick Dooley, he said: “No, I never saw them before. They were very serious looking to me.” 

Thomas Dooley (left) and his wife Siobhan. The witness told the trial Siobhán 'had an injury to her shoulder like someone who was after being attacked'.

Kathleen Harty also gave evidence of what she witnessed: “I saw the Dooleys coming in. I know Patrick Dooley and his cousins from Cork. I know the Dooleys from Cork… Patrick and Danny, I did not really know the rest of them. Patrick is living in Tralee, I think. They were walking in single file. I thought it looked weird. I would say there could have been between seven and nine.” 

Each of the accused has pleaded not guilty to the charge of murdering 43-year-old Tom Dooley from Hazelwood Drive, Killarney, at New Rath Cemetery, Rathass, Tralee, on October 5, 2022.

Five defendants in the case — all with the surname Dooley — Patrick, 36, from Arbutus Grove, Killarney; Thomas, 43, from the halting site, Carrigrohane Road; Thomas Jnr, 21, from the halting site, Carrigrohane, Cork; Michael, 29, of the halting site, Carrigrohane, Cork, and Daniel, 42, of An Carraigin, Connolly Park, Tralee, County Kerry, are on trial, as is the sixth defendant who is a teenager.

Only 21-year-old Thomas Dooley Jnr faces the second charge that he intentionally or recklessly caused serious harm to Siobhán Dooley, the wife of the deceased man. He has pleaded not guilty plea in respect of this count also.