The 43-year-old father of 11, found dead at a farm in Co Mayo last October, had been shot twice as well as suffering 10 blows to the head, the State Pathologist, Prof Marie Cassidy told a murder trial at the Central Criminal Court in Castlebar yesterday.
Giving evidence on the second day of the trial of Padraig Nally (61), who is pleading not guilty to the murder of John Ward - a member of the Travelling community, at Funshinagh, Cross, on October 14th last - Prof Cassidy said the gunshot wound to the chest would have proved fatal.
This shot had penetrated the chest cavity and entered the heart where the wad of the cartridge had been found, Prof Cassidy said. This indicated the shot, when fired, had taken a downward trajectory, she explained.
The cause of death, witness said, was the shotgun wound to the trunk with blunt-force trauma to the head a contributory cause.
The deceased had suffered at least 10 severe blows to the head.
A short wooden stick was shown to the jury and explained as something like the shape and size of the weapon that could have caused the injury.
Prof Cassidy said: "The gunman was above him when the shot was inflicted." She said the earlier gunshot wound to the loin area caused flesh injuries and would have been painful but the victim would have been able to move. She added that the fractures to the left arm may have been caused as the deceased tried to protect himself from the assault.
Michael Varley, Funshinagh, Cross, a neighbour of the accused, gave evidence that at 2.10pm on October 14th, he noticed a grey coloured car parked at Mr Nally's house.
Some time later he heard a car revving. It reversed into his gateway and then drove off . It was the same colour as the car he had seen earlier at Mr Nally's. Mr Nally then arrived at his house in his white Nissan car.
Mr Nally told him: "I'm in bother. I was broken into by the Travellers. One of them is shot, and the other fellow fled."
Mr Varley said he dialled 999 and Mr Nally spoke to gardaí. He told the gardaí there was a shooting at his premises and gave his name. Mr Nally then returned to his own house and was followed by Mr Varley nine minutes later. On arrival, Mr Varley looked around for the man who was shot and he saw him "inside the wall".
He said: "I knew to look at him that he was dead. I didn't ask Pádraig Nally any questions."
Mr Nally told Mr Varley he was having his dinner in the house when he heard a car revving up outside. There was a car at the gateway with a man sitting at the steering. Mr Nally went in around the back of the house and saw the back door was open. Mr Nally then said there was a scuffle at the back door and he was knocked to the ground. The deceased man had done his best to kick him in the stomach and private parts. He was afraid he would be "done for". Some time later the gardaí arrived and talked to Mr Nally. He saw Sgt Carroll take a shotgun from Mr Nally's car and put it into the boot of a Garda car.
Witness said that when he saw a picture of John Ward in the paper, after he had been shot, he recognised him as someone he had seen in the area before in a Mondeo car. He added: "I never thought the likes of this would happen. Pádraig was really, really stressed-out with all those people coming to his premises."
Paul O'Higgins SC, prosecuting, read from a statement which the accused made to gardaí on the day of the shooting. In the statement, Mr Nally said he had been listening to the radio when he heard a car revving outside. He went out "doubting" it was those who had raided him in the past, having taken a chainsaw in the previous August.
There was a young fellow in the car outside who asked him if he was selling his car. Mr Nally asked: "Where is your mate" and the young lad replied: "gone in the back for a look."
Mr Nally continued in his statement that he got his gun and fired at the man at the back door. There was a struggle. The man kept calling "Tom, Tom", his mate. The accused man said in his statement that he got an ash stick, and there was a struggle.
The other man fell on the nettles and then ran away. Mr Nally then got a cartridge and shot the man in the back from about 10 yards away.
The trial continues.