Kerry murder trial: Man told gardaí he tried to save his brother

Thomas Dooley who was fatally wounded at Rath Cemetery in Tralee.

A murder trial jury watched a video recording on Friday of a man accused of murdering his brother telling gardaí that he actually tried to save him.

Patrick Dooley, aged 36, of Arbutus Grove, Killarney, County Kerry, is one of six people accused of murdering 43-year-old father -of-seven Tom Dooley from Hazelwood Drive, Killarney, at New Rath Cemetery, Rathass, Tralee, on October 5, 2022.

Detective Garda Kevin Tarrant was in the witness box throughout Friday as details were variously read and shown on video of interviews gardaí had with Patrick Dooley within 24 hours of the killing in the cemetery.

Patrick Dooley told gardaí: “I saw fellas running down towards the grave. When I looked to my righthand side I saw Tom and Siobhán coming in with their small children.

“They all started running — seven or eight of them I would say were there. I followed down.

'Everything just happened so fast'

“Siobhán was thrown on the ground, five or six fellas on top of my brother. First of all I saw hands … First of all I seen boxing. There were too many. Five or six of them. I jumped in. They were pushing away and pushing back. It happened so fast. Everything just happened so fast. I looked again. I was trying to save Thomas.

“I put my up my hands like that (hands over his head). Next thing I see then is Tom dropping to the ground. I could see all the blood there. I could see to my left this round yoke — hard to explain, to be honest. It wasn’t a long thing, you wouldn’t see the handle. He must have hit him once with it.

“I put my hand up. That is when I got a belt of it as well. I see my hand and I ran out of the graveyard. Siobhán ran as well — his wife. We could do no more.

“I drove on. I drove to Cork hospital. I said if I go to Tralee I could see them again so I just kept going. I went in to Cork hospital, showed my hand and stuff.” 

'I was protecting my brother'

In a later interview, gardaí put it to Patrick Dooley: “You were stuck in the middle of it.” 

He replied: “I was not stuck in the middle of it. I was protecting my brother.” 

It was then put to him: “Siobhán saw you with a weapon — she will see that for the rest of her life.” 

He replied: “That did not happen at all at all, I had no weapon.” 

It was put to him later: “It is as Siobhán put it, you attacked your brother, you went in convoy after the incident … Why would she make it up?” 

He replied? “Why, because she made things up before.” 

He said in his first interview that his brother, the late Thomas Dooley, had mental health problems and had fallen out with the family. “He (the deceased) was fighting with everybody, not fighting physically. We left him off. He did not talk to the father, he didn’t talk to any of us. We left him do his own thing … Like I said, he had a bit of a mental thing.” 

The trial will go into it’s fourth week on Monday June 24 before Ms Justice Mary Ellen Ring and the jury, including three substitute members, consisting of 13 men and two women at the Central Criminal Court sitting in Cork.

Each of the accused 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.