A FATHER and son charged with murdering a relative have been granted bail by the High Court. Mr Sean Daly (70), and Mr Eugene Daly (21), both of Dooneen, Co Kerry, are accused of murdering Mr Patrick Daly (68), a farmer, at Dooneen, Kilcummin, Killarney, Co Kerry, on January 18th. Mr Sean Daly is a brother of the deceased.
Supt Michael O'Neill of Killarney Garda Station objected to bail being granted to Mr Eugene Daly, but had no objection in Mr Sean Daly's case.
Supt O'Neill said Patrick Daly had been battered to death with a steel bar, kicked and beaten and dumped in a 22 foot well, which was then covered with plastic, stone and sand and concreted over.
He believed if Mr Eugene Daly were granted bail he would interfere with and intimidate local witnesses. This was a rural area where a lot of elderly people lived alone and told gardai they were terrified.
Mr Eugene Daly would be regarded as a loner, who did not socialise and only left the farm once a week to travel to Killarney to sign on the dole. If the accused man was released, Supt O'Neill said he believed he would attend his trial, but he would be afraid he would intimidate elderly witnesses. Neither man had a farm both, worked on the deceased man's farm by agreement.
Supt O'Neill said if Mr Eugene Daly was released he should not live at home. He would have no difficulty getting a flat in an urban area away from Killarney.
Mr John O'Sullivan, counsel for Mr Eugene Daly, said the family had lived in the area for "200 years. There was no evidence, just an opinion, that his client was likely to interfere with witnesses. He lived on this farm Ball his life, rarely moved out and the family kept to themselves. It would be an unfair burden if he had to leave the area. His client would be willing to report daily to a Garda station.
Supt O'Neill said in Mr Sean Daly's case he had no objections' to bail but would require an undertaking from him not to interfere with witnesses. In reply Mr Justice Flood, Supt O'Neill said his understanding was that both father and son were very close and great loyalty existed between them.
Mr Justice Flood said he would Mr Sean Daly bail on terms at the reside at home and did not approach any person interviewed by gardai, whether witnesses or not, in connection with the case. He would grant bail in Mr Daly's own surety of £1,000 with two independent sureties of £2,500 each and he must report each Wednesday at Killarney Garda Station.
Mr Justice Flood granted Mr Eugene Daly bail in his own surety of £1,000 and two independent sureties of £5,000 each. He must report daily to Killarney Garda Station and must not talk or in anyway discuss the matter with any of the people on a Garda list. He would allow him live at home because he would be closely monitored, having to turn up daily at the station.