A CO CAVAN man told a garda that he shot his daughter's boyfriend during an argument outside his home, the Central Criminal Court heard yesterday.
Garda Patrick Kelly said that he saw the body of a young man outside the home of Mr Patrick Farrelly senior early on November 27th, 1993. The man had a large hole in his chest and there was no sign of life.
Garda Kelly said that Mr Farrelly said to him later: "I shot him, Pat. There was a row."
The dead man was later identified as Mr Terry Geraghty, the witness said.
Garda Kelly was giving evidence on the opening day of the trial of Mr Farrelly (45), of Double Cottage, Ryefield, Virginia, Co Cavan, who has denied the murder of Mr Geraghty (25), from Mount Dutton, Oldcastle, Co Meath.
Opening the case yesterday, Mr Michael Feehan SC, prosecuting said that Mr Geraghty died almost instantly after he sustained a severe injury from a 16 bore shotgun. It was the State's case that the gun was discharged by the accused man, counsel said.
Mr Feehan said that Mr Geraghty was addicted to drink. He had been in a relationship with the accused man's daughter Olivia, and she had a daughter, Joy, now aged five, by him.
At the time of the incident, she was pregnant with their second child, counsel said. He described the case as "sad and tragic".
Ms Olivia Farrelly told the court that she was at her father's home in the early hours of November 27th when she heard shouting outside and recognised Mr Geraghty's voice. She said that she ran outside in her nightclothes and saw Mr Geraghty at the gate arguing with her father. She saw that her father had a gun, which was down by his side.
Ms Farrelly said that she tried to get Mr Geraghty away and told her father there was no need for the gun. She said she put her arm around Mr Geraghty and tried to pull him away, but he went to go past her.
Her father then hit Mr Geraghty with the gun, she said. She had her arm around Mr Geraghty and the end of the gun caught her on the arm. She said she had not been hurt but Mr Geraghty began shouting that she had been hit and then ran across the road.
The witness said that Mr Geraghty then came back from the opposite side of the road. She was almost beside him when she saw "a shot of blood" coming from Mr Geraghty. He stopped a little bit and then fell to the ground.
"I was crying and I was afraid to go over to him and I just ran to get an ambulance", she said.
She went to a neighbour's house and called an ambulance. "I didn't know if he was dead or alive, I was afraid for the worst, so I wouldn't go back."
Cross examined by Mr Brendan Grogan SC, defending, Ms Farrelly said that she had an on off relationship with Mr Geraghty over a number of years. She agreed that he was all right when he was sober, but said that he was a different man when he had drink taken.
She said that she was looking at Mr Geraghty when he was shot and did not know what was happening in the garden of her home.
Supt Vincent Maguire said that he had taken a statement from the accused man in the early hours of November 27th, 1993. He said that Mr Farrelly had been very cooperative and did not seek a solicitor.
The statement was read to the court. In it, Mr Farrelly said that he was unemployed and lived with his wife, their five children and his daughter Olivia's child, Joy.
He said he had first got to know Mr Geraghty three years earlier, when he had called to his (Mr Farrelly's) home one night. He was drunk, said he was Terry Geraghty, that Olivia was pregnant and that he was the father.
Mr Farrelly said he told Mr Geraghty to come back when he was sober and Mr Geraghty had said no one told him what to do, but he eventually left.
Mr Geraghty came back the next day and they had a conversation in which the deceased man had said he would look after Olivia, the statement said.
Mr Geraghty then began calling to the house every night after closing time until Olivia went to live with him after their baby was born. He would have been drinking on each occasion.
The accused man said in the statement that Olivia came home several times because Mr Geraghty had beaten her. When she was home, Mr Geraghty would call every night after closing time.
At the time of the incident, Olivia had been back in the house for two weeks, Mr Farrelly said. Mr Geraghty had called twice in those two weeks.
In the statement, Mr Farrelly said that Mr Geraghty got out of a car and was shouting at his gate between 12.30 and 1 a.m. on November 27th, 1993. He said that he went to the door and told Mr Geraghty to leave. Mr Geraghty refused and began shouting at him abusively. He said Mr Geraghty put his hand on the gate to open it.
"I went in for a gun", the accused man said in the statement.
Mr Farrelly said that he brought lout the gun and pointed it over Mr Geraghty's head. Mr Geraghty laughed at him. Mr Farrelly said that he had put a cartridge in the gun on his way out the door. He said that he had intended to fire the gun at Mr Geraghty to "frighten" him.
Mr Farrelly described how Mr Geraghty had put his hand on the gate. He (Mr Farrelly) did not know where the gun was pointing at this time and could not recall pulling the hammer or the trigger. He said he remembered Mr Geraghty "staggering back". He then began "shaking and shivering".
He said that it did not seem to take very long for Garda Kelly to arrive. "My mind is blank", he said in the statement. He handed the garda the shotgun and cartridges.
When he brought the shotgun out of the house, Mr Geraghty, had said to him: "Blow me away. He had said also that he "didn't give a damn" about the gardai or guns.
Mr Geraghty was drunk, the accused man said.
He said that he had given Mr Geraghty "a tip" of the stock of the gun. At the time, his daughter had been trying to pull Mr Geraghty back. Mr Geraghty had gone to the far side of the road and appeared to be looking for a stone.
Mr Farrelly said he had nothing against Mr Geraghty, who was "a nice fellow except when he had drink taken". He said Mr Geraghty had told him he would get his gang to burn down his (Mr Farrelly's) house.
Supt Maguire told Mr Grogan that Mr Farrelly had not tried to hide anything and appeared to be trying to give all the facts. He said that he had no reason to think that Mr Farrelly was anything but a decent man.
The trial continues today before Mr Justice Moriarty and a jury.