A jury has viewed CCTV footage of 73-year-old Tom Niland walking into a shop about two hours before three men allegedly broke into his home and assaulted him, leaving him with injuries that caused his death 20 months later.
Garda Niall McDonald told the court he created a montage from hours of footage downloaded from various CCTV systems in Sligo and Mayo following the assault on Mr Niland on January 18th, 2022.
Garda McDonald described the movements of a white van travelling around Dromore West and Ballina that morning and afternoon. He said the van appeared to be a Vauxhall Vivaro and he noted distinctive characteristics, including a yellow number plate, writing on the side and a green stain on the roof.
Just after 1.30pm, a van with those markings pulled into Casey’s garage in Ballina. The garda identified the driver as Francis Harman (58), of Nephin Court, Killala Road, Ballina, Co Mayo, and the passenger as John Clarke (37), of Carrowkelly, Ballina.
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Tony McGillicuddy, prosecuting, previously told the jury that the prosecution intends to prove that Mr Harman, Mr Clarke and the man on trial, John Irving (31), of Shanwar, Foxford, Co Mayo, assaulted Mr Niland later that evening, leaving him with fatal injuries. It is further alleged that they stole Mr Niland’s wallet.
At Casey’s, Garda McDonald said Mr Clarke put fuel into the van before entering the shop. From footage inside the shop, said the garda, Mr Clarke can be seen attempting to buy cans of alcohol at the till, but then returning the cans to the off-licence section of the store. He said Mr Harman entered the shop and engaged with staff and the manager before driving off.
At 4.35pm, said Garda McDonald, Mr Niland arrived at Feeney’s Centra in Dromore West, about 7.5km from his home.
Between 6pm and 7pm, the prosecution alleges, Mr Irving, Mr Harman and Mr Clarke broke through Mr Niland’s door, assaulted him and left.
Garda McDonald said that at 6.01pm a van similar to the one driven earlier by Mr Harman, with Mr Clarke in the passenger seat, did a U-turn at an agri-store and travelled towards Mr Niland’s house. The van was not seen again on cameras further along the same road, said the garda.
Mr Irving faces four charges in total. It is alleged that he unlawfully killed Mr Niland by assaulting him at the victim’s home at Doonflynn, Skreen, Co Sligo, on January 18th, 2022.
Mr Niland was admitted to hospital after neighbours discovered him crossing the N59 covered in blood and with his eyes swollen shut. A doctor has told the jury that Mr Niland suffered bleeding to the brain, a fracture to the orb of his right eye and multiple fractures to the ribs on the right side.
Despite initially making progress in hospital, he deteriorated on January 26th and required a ventilator to breathe. He died on September 30th, 2023, aged 75.
Mr Irving is accused of entering Mr Niland’s home as a trespasser and causing 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.
