A Traveller who was murdered in his bed during a dawn raid on his caravan by two men wearing balaclavas, died from two close range gunshot wounds to his chest, a jury at the Central Criminal Court heard yesterday.
The State Pathologist, Prof John Harbison, was giving evidence on the second day of the trial of Mr Patrick Harty (30), for the murder of Thomas Harty at Woodlands Park halting site, Ballymorris, Portarlington, Co Laois, on May 16th, 1999.
The accused, with an address at Carrowbrowne halting site, Carrowbrowne, Headford Road, Galway, denies the murder charge and a second charge of possession of a shotgun with intent to endanger life.
Prof Harbison said X-rays of Mr Thomas Harty's body revealed "two entire pellet patterns" of up to 400 pieces of lead lodged in the chest from the two shotgun wounds. He revealed that the second bullet wound in Mr Harty's back was blackened with shotgun powder.
"This was an indication of a very near discharge," he said and concluded that the victim died from "two shotgun discharges into the chest".
"A sawn-off shotgun with two barrels was the most likely weapon," he added.
Mr Edward Comyn SC, prosecuting, told the jury on Thursday that the accused was the driver of the getaway car for two men who broke into Mr Harty's caravan and shot him twice as he lay in bed. Even though Mr Patrick Harty did not go into the caravan nor did he have the gun or pull the trigger, he was "equally guilty as the men who pulled the trigger as it was a part of a joint enterprise".
"All the people who were in that arrangement are equally guilty of murder," he added.
The court had heard on Thursday that the Harty family was split into two feuding branches, one called the Donnacha Hartys of which Thomas Harty was a member and the Nay Hartys of which Patrick Harty is a member.
"The Nay Hartys held to blame the Donnacha Hartys, particularly Thomas, for the violent death of one of their own," Mr Comyn told the court.
Mrs Philomena Harty revealed under cross-examination by Mr Gerard Clarke SC, defending, on Thursday that her husband, Thomas Harty, had been charged with the murder of Danny Harty.
Mr Justice Quirke told the jury yesterday that the failure of several Garda witnesses in court on Thursday was due to "a failure in communications".
"It is not going to happen again because steps have been taken to ensure it does not happen," he added.
Ballistics expert Det Thomas Carey confirmed a slash hook and small hatchet were found in Mr Harty's caravan.
Legal argument continues in the absence of the jury until next Wednesday.