Prosecution's case:The prosecution in the trial of a Co Mayo farmer who has pleaded not guilty to the manslaughter of a Traveller more than two years ago has claimed the accused hit the victim with a stick before shooting him as he tried to limp away.
Pádraig Nally (62), of Funshinaugh Cross, Claremorris, pleaded not guilty at the Central Criminal Court in Dublin to the unlawful killing of father of 11 John Ward after he entered his land on October 14th, 2004.
The 42-year-old from the Carrowbone halting site on the outskirts of Galway city was shot twice and beaten.
Opening the case for the prosecution, Paul O'Higgins SC said the incident occurred near the small village of Cross in Co Mayo, somewhere between Ballinrobe and Headford, where Mr Nally worked as a small farmer.
He said that on the day in question the accused was having a cup of tea or some lunch in his kitchen when he heard a car revving outside the house.
It was about 2pm. Mr Nally walked out of his front door, which he didn't use very often, and saw a car had reversed into his driveway. The jury would hear evidence that Mr Nally met a man there called Tom Ward, and he asked "words to the effect of where was the other fellow, believing Tom Ward was not likely to be on his own".
He was told this other man was around the back of the house, "having a look". Mr O'Higgins said: "Mr Nally said words to the effect that he [John Ward] would not be coming out again." Mr Nally walked round past the shed towards the back of his house.
Mr O'Higgins said: "Once he goes round that corner, really, so far as human evidence is concerned, that is Mr Nally's alone. Tom Ward couldn't see him once he went round the corner."
He said John Ward appears to have been seen near the back door, and it was a matter for the jury to determine whether he was inside it or outside it.
He said the jury would hear of Mr Nally's suspicion that John Ward was "up to no good" and was there to commit burglary or steal from the farmyard.
He said Mr Nally got a shotgun from a shed, approached John Ward and levelled it at him. A shot went through Mr Ward's right hand and crossed into his right hip and buttock.
Mr Ward was on the ground kicking towards Mr Nally's genitals and Mr Nally then beat him with a stick, said Mr O'Higgins. Mr Ward began trying to stumble away when Mr Nally went back to his shed and got the shotgun along with three more cartridges. By this time Mr Ward was either out on the road or stumbling towards it. He had turned right on to the road when Mr Nally followed him and shot him again.
The second shot went into his lungs, killing him almost immediately. He said Mr Nally heaved the body over a wall before driving to a neighbour's house where the gardaí were called.