Gardaí discovered a glove containing the blood of pensioner Tom Niland and DNA that matched that of the man accused of his unlawful killing, a jury has heard.
Tony McGillicuddy SC, prosecuting, on Thursday opened the trial of John Irving, who denies breaking into then 73-year-old Mr Niland’s home in January 2022 with two other men and assaulting him, causing his death.
Mr McGillicuddy told the jury how following the assault on Mr Niland, a kayaker at a nearby lake found a wallet containing the pensioner’s identification.
When gardaí searched the area, they found gloves. Forensic scientists discovered DNA in one of the gloves that matched two men whom the prosecution say carried out the assault with Mr Irving – John Clarke and Francis Harman. DNA from blood on the outside of that glove matched Mr Niland, Mr McGillicuddy said.
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He said another glove found at the same location contained Mr Irving’s DNA inside and Mr Niland’s blood on the outside.
Mr McGillicuddy said it was the State’s case that Mr Irving (31) of Shanwar, Foxford, Co Mayo, broke into Mr Niland’s house with Francis Harman (58) of Nephin Court, Killala Road, Ballina, Co Mayo, and John Clarke (37) of Carrowkelly, also Ballina.
He said they assaulted Mr Niland, leaving him with injuries that resulted in him going into intensive care. He died a little over 20 months later, Mr McGillicuddy told the Central Criminal Court.
He said Mr Niland did not die as a 75-year-old man through natural causes but from complications due to blunt force trauma to his head as a result of a “serious, sustained, prolonged assault perpetrated on him in his own house in rural Co Sligo”.
He said it was the prosecution’s case that Mr Irving was one of three men who broke into Mr Niland’s home that night, assaulted him and left him there.
Mr Irving faces four charges in total.
It is alleged he unlawfully killed Mr Niland on September 30th, 2023, having assaulted him on January 18th, 2022, at Mr Niland’s home at Doonflynn, Skreen, Co Sligo.
It is further alleged that on January 18th, 2022, at Doonflynn, Mr Irving entered Mr Niland’s home as a trespasser and caused him serious harm.
He is further alleged to have intentionally or recklessly caused serious harm to Mr Niland and to have falsely imprisoned him.
Mr Irving has pleaded not guilty to all four charges.
The trial before Ms Justice Eileen Creedon and a jury of eight women and four men continues.
