TWO Dublin men have been jailed for life at the Central Criminal Court when they were convicted of the murder of a Co Tipperary farmer yesterday. Mr Danny Fanning died after he was shot in the leg by a gang of masked and armed men, who broke into his home in Rosegreen, Cashel, on February 6th last year.
The jury members took just over four hours to deliver the verdict, by a majority of 10/2. They found Ivor Sweetman (46), of Bawnlea Green, Jobstown, Tallaght, and Francis Palmer (26), of Foxborough Road, Lucan, guilty of the murder.
They also found both men guilty of having a shotgun at the farm on the same date with intent to endanger life so as to cause serious injury or to enable another person to do so. They unanimously acquitted both men of having a shotgun with intent to commit robbery.
Mr Justice Monarty imposed the mandatory sentence of imprisonment for life on the murder count and imposed a 10-year sentence on the count of having a shotgun with intent to endanger life - both sentences to run concurrently.
The jury retired to consider its verdict at 3 p.m. At 6.50 p.m. the members told the judge they had reached a unanimous verdict of not guilty in respect of both defendants on the charge of having a firearm with intent to commit robbery. At 7.25 p.m. they returned with majority verdicts on the remaining two counts.
Mr Justice Moriarty thanked the jurors for their service in the gruelling and emotional case" and exempted them from further jury duty far 15 years.
The 15-day trial heard the Fannings married in 1957 and had five boys and three girls. They farmed 340 acres.
Mr Fanning died of shock and haemorrhage after an artery in his leg was severed following a single shotgun blast. The shooting happened when a gang broke into the Fanning farmhouse on the evening of February 6th, 1996.
The trial opened last April 21st, with evidence from Mrs Brigid Fanning, her daughter Rosaleen and son Michael.
Legal discussion began in the absence of the jury the following afternoon and continued for nine, days. The trial resumed before the jury last Wednesday and evidence was given from a number of gardai about alleged verbal admissions made by both defendants.
Gardai claimed Sweetman told them: "I was asked to go down the country by a man to frighten a farmer. I helped to tie up two women in a bedroom. I talked to them. I did not hurt them. I did not fire a gun. I was not told about guns being used."
The court was told that Sweet man had declined to sign Garda notes of his alleged comments saying: "I never said that, I'll sign nothing."
It was also alleged that Palmer told gardai he wouldn't kill anyone and that lie was "just the driver". The alleged admission was not signed by Palmer.
Counsel for both accused men strongly challenged the authenticity of the alleged verbal admissions and contended these were fabrications and part of a Garda "fitting-up" exercise.
Mrs Fanning told the court of a conversation she had had with the raider who tied her up. "I asked had he a mother and he said he had. He said he could see from my hands that I worked hard. He said his mother had worked hard and got f... all. He apologised for his bad language and said there was 11 in his family and they had nothing when they came out here."
She said: "He said this is for the cause and told us that it was all the Government's fault. I told him we were not the Government."
Shortly afterwards there was a shot and they heard Mr Fanning groaning: "Oh Jesus, I will never be gathered up."
Later he had called: "I am going."