Farmer invited on to land before beating, trial told
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THE central witness in the trial of two brothers accused of murdering a farmer has told how they "turned" on the deceased after they "invited" him on to their land to get his heifer.
Daniel-Joseph "DJ" Byrne (38), of Hammer Lane, Borness, Mountmellick, Co Laois; and Jason Byrne (32), of the same address, both deny murdering Edward Dempsey (49) on October 11 2007.
Yesterday the deceased's brother John Dempsey told the jury at the Central Criminal Court how, on December 18 2006, he saw the two accused beating his brother after they told him to come on to their land to retrieve one of his stray cows.
Mr Dempsey said he saw DJ Byrne hit his brother "with the greatest power . . . he hit him over the right ear as hard as he could swing". Mr Dempsey denied that his brother opened the gate on to the Byrne's farmyard and pushed it into DJ Byrne before he was struck.
Screaming
Edward Dempsey died in Portlaoise Hospital 10 months after the alleged assault.
On the day of the alleged attack, Mr Dempsey said he spotted one of their heifers in the Byrne's field. He said he attempted to bring the animal back on to his own land, but the cow became frightened and ran back into the Byrne's field. As he was leaving, Mr Dempsey said saw Jason Byrne in a car, whom he said "started roaring and screaming at me about the heifer . . . I was in dread of him." Mr Dempsey said he and Edward contacted gardai at Portarlington before driving back to the Byrne farm.
Once they got to the farmyard, Mr Dempsey said they saw the two accused standing in the yard. He told the jury "DJ said: 'Come on in and get your heifer'."
He said he then saw Jason Byrne hitting Edward on the legs and then he saw DJ Byrne hit him over the right ear.
Defence counsel Paul O'Higgins put it to Mr Dempsey that "the last thing" the Byrnes wanted was for Edward to come on to their land.
"No, you're wrong" Mr Dempsey replied. "Eddie was told to come in and get the heifer and when he got in, he was turned on by the two lads."
The trial continues.
- Lonan Paul
Irish Independent
