Garda: Accused admitted hitting victim, murder trial hears
A Detective Garda has reiterated his evidence in the case of a two brothers accused of murdering a Co Offaly farmer, telling the Central Criminal Court he heard one of the accused say: "I hit him, you can arrest and charge me," when he arrived at the scene.
Detective Garda Pat Lyne was giving evidence in the trial of Daniel Joseph “DJ” Byrne (aged 38), and his brother Jason Byrne (aged 32), both of Hammer Lane, Borness, Mountmellick, Co Laois, who deny murdering Edward “Eddie” Dempsey on October 11, 2007.
Mr Dempsey, a married father of two, died in Portlaoise Hospital ten months after the alleged assault.
The deceased's brother, John Dempsey, has told the jury in evidence that the two Byrnes “invited” Eddie onto their land to get a heifer that had strayed into their field on December 18, 2006.
Mr Dempsey said the two accused “turned on” his brother and beat him once he had stepped into their yard.
Detective Garda Pat Lyne, who has been attached to Portarlington garda station for 37 years, arrived at Hammer Lane shortly after the incident.
He told the court that on arrival he saw DJ Byrne standing in the yard next to his brother Jason Byrne.
He told the jury of six women and six men: "DJ said to me: 'I hit him, you can arrest and charge me'...he was holding the handle of a shovel."
Counsel for the defence, Mr Michael Bowman SC, put it to the witness that DJ Byrne had never made that comment in relation to the incident.
Detective Garda Lyne replied that he had.
He said he didn't speak to either of the Byrnes as he was concerned about Eddie Dempsey's condition.
He said he was anxious to get Mr Dempsey to hospital and eventually persuaded him to get into the patrol car so he could drive him to Portlaoise Hospital.
He told the court that as he drove away he heard DJ Byrne say to him "what about the animals in my yard, I'm not going to be at a loss feeding them."
Mr Bowman put it to the witness that DJ never made that comment, but Detective Garda Lyne said he had.
Recalling how Mr Dempsey's condition deteriorated on the way to hospital, Detective Garda Lyne said “His voice was getting slurred and he was disoriented...he put his two hands up to his head and grunted, and then he went into a spasm..it went on for a while.”
He said that by the time they arrived at A and E, Mr Dempsey was lying across the back of the car.
Counsel for Jason Byrne, Mr John Short SC, asked why Detective Garda Lyne had allowed Mr Dempsey to take off his jacket and leave it on the ground before he got into the car.
Detective Garda Lyne said that his priority was to get Mr Dempsey to hospital.
The jury was also shown the handle of a shovel, a stick and the green jacket worn by the deceased.
The right shoulder of the jacket was blood-stained, but Detective Garda Lyne told the court that no tests had been done on the jacket so he could not confirm that the blood was that of Eddie Dempsey's.
Garda Aran Brehan also gave evidence of arriving at the scene with Detective Garda Lyne.
She told the court that she too was concerned for Mr Dempsey's condition having noticed a large lump on the right side of his forehead and blood coming down by his ear.
She said she took the handle of the shovel from DJ Byrne and put it in the boot of the patrol car before accompanying Detective Garda Lyne and Mr Dempsey to Accident and Emergency.
The case resumes on Monday before Mr Justice George Birmingham.
