The jury has been discharged in the trial of two brothers accused of murdering a Co Offaly farmer, because of “insuperable” difficulties.
Daniel-Joseph "DJ" Byrne (38), and Jason Byrne (32), both of Hammer Lane, Borness, Mountmellick, Co Laois, had pleaded not guilty to murdering "Eddie" Dempsey (49) on October 11th, 2007.
Mr Justice George Birmingham told the jury that both legal teams in the case had been discussing legal matters in their absence. "The difficulties identified are insuperable...it is now clear the trial has to come to a halt," he told the six women and six men.
He said the trial would proceed at another date in the future before a different jury.
Mr Justice Birmingham said that the only way he could mark his regret was to exempt them from jury service for life.
During the seven day trial, the Central Criminal Court heard counsel for the prosecution Aileen Donnelly SC, say the brothers had engaged in a "joint enterprise" against Mr Dempsey.
Mr Dempsey, a married father-of-two, died in Portlaoise hospital ten months after being attacked on December 18th, 2006.
John Dempsey told the jury that he saw DJ and Jason Byrne "turn on" his brother and beat him after they had "invited" him into their yard to get a heifer that had strayed into their field.
He said that Jason Byrne used the "handle of a brush" to beat Eddie on the legs. Mr Dempsey said he saw DJ Byrne hit Eddie "with the greatest power...he hit him over the right ear as hard as he could swing."
He said he had to drag Eddie out of the yard and help him to stand before gardai arrived and brought him to hospital.
Under cross-examination by counsel for the defence, John Short SC, Mr Dempsey denied that his brother had been told four times by the Byrnes not to come onto their property.
He said it was untrue that Eddie pushed the gate in on top of DJ Byrne and then accused the two brothers of stealing cattle.