THE JURY has been discharged in the trial of two brothers accused of murdering Edward Dempsey (49), 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 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 it was with regret that he would have to discharge them. “What has happened is extremely unfortunate . . . but seems to be unavoidable.” He then exempted the jury from service for life.
He said the trial would proceed at another date in the future before a different jury.
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” on December 18th, 2006, as a result of which Mr Dempsey, a married father of two, died in Portlaoise hospital 10 months later.
The deceased’s brother, John Dempsey, told the jury he saw DJ and Jason Byrne beat his brother after they had “invited” him into their yard to get a heifer that had strayed into their field.
He said 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 up before gardaí took him to Portlaoise hospital.
Under cross-examination by counsel for the defence, John Short SC, Mr Dempsey denied his brother had been told four times by the Byrnes not to come on to 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.
Mr Short put it to John Dempsey that the deceased had told Jason Byrne he was “scum” and said to DJ Byrne: “There’s bad breeding there.” But Mr Dempsey said he had never heard any words exchanged between them.
Det Garda Pat Lyne gave evidence that when he arrived at the scene, DJ Byrne said to him: “I hit him, you can arrest and charge me.” He said that on the way to hospital, Eddie Dempsey’s condition deteriorated and he seemed to go into spasms. The garda said by the time they got to AE, the deceased was lying across the back seat.
The court heard evidence that in a statement to gardaí after his arrest, DJ Byrne said that on the day of the incident the deceased had said to him: “There’s bad breeding there, you can see it in the eyes.” The accused said he took this to refer to his daughter, who has Down syndrome. He told gardaí that he asked Mr Dempsey whether this was what he was implying, and that he replied: “Ya, you can see it in the eyes.”