A FATHER of three was shot dead "in cold blood" before his wife and baby daughter, the Central Criminal Court heard yesterday. Mr Joseph Kiely was shot once in the head and three times in his front and was then turned over and shot in the back Mr Gregory Murphy SC, prosecuting, said.
Mr Kiely's wife and brother would tell the court they recognised Richard Bermingham as the man who shot dead Joseph Kiely, counsel added.
Mr Murphy was opening the trial of Mr Richard Bermingham (23), of O'Malley Park, Limerick, who has denied the murder of Joseph Kiely at 77 O'Malley Park, Limerick, on August 20th last year.
At the start of the trial, Mr Patrick Gageby SC, defending, admitted on behalf of his client that Mr Kiely had met his death unlawfully by gunshot wounds. He said his client was arrested and validly detained and had made no incriminating admissions.
Mrs Teresa Kiely said she was married to the deceased and in August 1995 they lived at 77 O'Malley Park with their three children. Her husband was a cannabis resin dealer.
On the night of August 19th, 1995, she and her sister had purchased some alcohol and brought it back to the house. On their way back, she saw Richard Bermingham and some other people sitting on steps near a clinic.
Back at her home, Mrs Kiely said, she, her husband and sister drank some alcohol. Various people called to the house. She fell asleep and woke at 3.30 a.m. on August 20th. Her husband was also asleep and she called him to go upstairs. She thought her husband's brother, who was staying with them, was also downstairs. Mrs Kiely said she was asleep upstairs when she was woken by the sound of glass breaking at 4.50 a.m. She woke her husband who took a knife from the window and they went to the landing.
The witness sobbed as she told the court she saw Richard Bermingham and another man on the stairs. She said she recognised Mr Bermingham and had known him for about four years. Mr Bermingham was wearing a pair of skin coloured tights on the top of his head, but they did not cover his face.
She told the court her husband had said to Mr Bermingham "Richie, please not here." She said Mr Bermingham had a shotgun and pushed her husband back into the bedroom. Their baby was also in the bedroom.
The witness said a shot was fired and she was covered with blood. She said her husband had his hand around her waist in the bedroom and was "begging me to stop Richie shooting him".
Mrs Kiely said. "I said F. . . off and leave him alone." She said she had no doubt she was saying this to Richard Bermingham. She said Mr Bermingham "gave me a slap" with the gun and pushed her out of the way. She picked up their baby daughter from her cot and there were another two or three shots.
She said that when she looked she saw Mr Bermingham turn her husband over "and give him one in the back". She said the second man was standing in the door of the bedroom and had a gun in his hand. She did not see him fire.
Mrs Kiely said. "I didn't see Joey getting the first shot. The only one I saw him getting was the last one in the back."
The trial resumes today.