Jury in Kerry graveyard murder trial to resume deliberations on Thursday

Judge: 'It is not a game of dominoes — one down, all down. You must look at the case against each accused'

The late Thomas Dooley and his wife Siobhán.

The 10 men and two women of the jury who deliberated throughout Wednesday on their verdicts in the Tralee cemetery murder trial have been sent home and told to resume their deliberations on Thursday.

Ms Justice Mary Ellen Ring sent them out at 10.41am to consider the evidence from the 30-day trial and by 4.13pm they were sent away until Thursday at 10am to resume their work at the Central Criminal Court sitting in Cork.

They must decide whether each of the six defendants is guilty or not guilty on the charge of murdering 43-year-old father-of-seven, Tom Dooley, in October 2022. They also have to decide on whether or not one of the six is guilty of assault causing harm to the dead man’s widow, Siobhán.

Ms Justice Ring told the jurors that in effect they were dealing with six separate murder trials.

“It is not a game of dominoes — one down, all down. You must look at the case against each accused.

“Remember, all six, while admitting they were in the graveyard, all deny being involved in the acts that led to the death of Thomas Dooley."

Deliberations commenced earlier on Wednesday.

“It is over to you, ladies and gentlemen,” Ms Justice Mary Ellen Ring said in her last comment to the jury earlier.

The jury then left Courtroom 3 at the Anglesea Street courthouse in Cork where the Central Criminal Court has been sitting for this case since June 4.

The judge added: “You are required to be unanimous. It is open to you to find all of them guilty, all of them not guilty, and different outcomes in relation to each of the accused.” 

Ms Justice Ring said if she gave the impression in her review of the evidence that there was not a significant amount of forensic evidence, she did not intend to give that impression. 

All six accused face the same charge of murdering 43-year-old Thomas Dooley (pictured) from Hazelwood Drive, Killarney, at New Rath Cemetery, Rathass, Tralee, on October 5, 2022. Picture via Facebook

She said some of the bloodstain evidence showed not just presence in the graveyard but proximity to the deceased, according to the prosecution, but the defence contended that ultimately this evidence did not assist the jury at all because blood was spurting from the femoral artery of the deceased and blood particles could become airborne and travel a distance.

All six accused face the same charge of murdering 43-year-old Tom Dooley from Hazelwood Drive, Killarney, at New Rath Cemetery, Rathass, Tralee, on October 5, 2022. All six of the accused who are on trial deny the charge of murder. 

Five defendants in the case — all with the surname Dooley — Patrick, 36, from Arbutus Grove, Killarney; Thomas Snr, 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, Co Kerry, are on trial, as is the sixth defendant, who is a teenager.

Only 21-year-old Thomas Dooley Jnr faces the second charge of assault causing harm to Siobhán Dooley, the wife of the deceased man.