Man accused of murdering cousin at Kerry funeral 'ran out of there to save myself', court hears

When he was asked in garda questioning to account for his alleged presence in the cemetery on the relevant morning, Daniel Dooley said: 'No comment'

Thomas Dooley who was fatally wounded at an incident at Rath Cemetery in Tralee during a funeral service there. Picture via Facebook

A 42-year-old man accused of murdering his cousin at a funeral in Tralee in October 2022 replied to the murder charge: “I never harmed anybody, I ran out of there to save myself.” 

Detective Garda John Gilmartin gave this evidence to the judge and jury at the Central Criminal Court on Monday in respect of the reply to the murder charge made by Daniel Dooley of An Carraigin, Connolly Park, Tralee, County Kerry. Daniel Dooley is one of six people who denies the murder.

The evidence of questioning of Daniel Dooley which was shown to Ms Justice Mary Ellen Ring and the jury consisted of him being informed that inferences could be drawn from a failure or refusal to answer a question and when he was then asked to account for his alleged presence in the cemetery from 11.12am to 11.45am on the relevant morning he said: “No comment.” 

The jury heard a similar inference warning being given to 29-year-old Michael Dooley of the halting site, Carrigrohane, Cork, and the same question being asked of him to account for his alleged presence at the same time and place on October 5, 2022. Michael Dooley also replied: "No comment." 

Ms Justice Ring told the jury that she would be dealing with matters in their absence on Tuesday and that they would not be required to resume hearing evidence in the case until Wednesday morning, June 26. 

The jury now consists of 14 members, as one man from the original 15 jurors was excused from further participation. As it stands the jury, including two substitute members, now consists of 12 men and two women.

Five men and a teenager deny the murder of a father of seven, 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 in respect of this count also.