A CO CAVAN man told gardai he never intended to shoot his daughter's boyfriend but took "full responsibility" for it, the Central Criminal Court heard yesterday.
Mr Patrick Farrelly Snr said his son, Packie, who has since died, had said to him after the shooting of Mr Terry Geraghty outside the Farrelly home early on November 27th, 1993, that he would say he did it.
"Packie, my son, said to me `Daddy, I'll say it was me, you have to stay and look after the family, I don't mind, I'm young'," the defendant said in a statement to gardai on November 30th 1993.
Mr Farrelly said his son told him he would tell gardai that he fired a shot. That was not true, the defendant said. "He probably thought he was doing good for me but there is no way I could live with that."
The statement was read to the court on the second 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, at Ryefield on November 27th, 1993.
The trial has been told Mr Geraghty died almost instantly after he sustained a severe injury from a 16-bore shotgun which was discharged up to eight feet from him outside the defendant's home.
Evidence concluded yesterday after which closing speeches were made by the prosecution and defence. The judge will charge the jury this morning after which they will consider their verdict.
In evidence read to the court yesterday, the State Pathologist, Dr John Harbison, said Mr Geraghty died from haematoma due to laceration of the aorta and the pulmonary trunk caused by a single shotgun wound discharged into the front of his chest.
He said the deceased man's blood alcohol level would have induced behavioural changes and some loss of co-ordination of bodily movements. It could also have diminished his inhibitions, could explain menacing behaviour and could also have induced a combination of aggression and bravado.
Del Sgt Peter Hunt told Mr Donagh McDonagh, prosecuting, that Mr Farrelly made a statement to gardai at Bailieboro Garda station on November 30th, 1993.
In it, Mr Farrelly said Mr Geraghty had been calling to his home to see his daughter, Olivia, for the past three years. She had a daughter, Joy, by him and was pregnant again.
"I never met anybody as bad in all my life," Mr Farrelly said. "It was always a routine of violence and drink and he nearly choked my wife once.
"About seven months ago Terry told my wife that he would make Olivia pregnant again to spite us and to drive my wife to Mullingar to a mental home and he has it nearly done.
He said Mr Geraghty was "always drunk" when he called and would stay in the house up to 5 a.m. "always with drink taken".
"I have spent two years of my life where I couldn't go anywhere as he said that he would run down my two little children with his motorbike.
"I still never meant to do what I done," he said. "I still can't understand how I done it."
Mr Farrelly said he had taken a shotgun from his bedroom and loaded it when Mr Geraghty called to his home drunk and shouting
"Terry was roaring and cursing at the gate," he said. "I pointed the stock of the gun at him. I gave him a tip of the stock of the gun on the shoulder. Olivia was beside him then with her arm around him. I also hit her with the stock slightly as I hit Terry.
"He went berserk then altogether. I thought I might have stunned him into reality. He went across the road calling me a bastard. I thought he had a knife.
"I headed back next to the door of the house and told him I would get the guards to have him removed ... I was blind with annoyance and worry. I was going to leave the gun within and get someone to go next door and ring the guards. I turned round then just before I went in and Terry had the gate open and was halfway between the piers," he said.
"I never put the gun to my shoulder but I turned round and the next thing I heard was the shot. I take full responsibility for it. I just remember seeing Terry staggering back from the gate and staggering across the road.
"I found the gun kicking in my hand and all. I cannot remember if I pulled the trigger or if the hammer slipped in my thumb. I never intended to shoot anyone. All that was in my mind was to fire a shot over his head. That's all that was in my mind. I do know that the gun fired a shot.
"When I hit Terry with the stock of the gun a part of the time her of the stock broke off around the trigger. After the shot as far as I know I broke the gun and ejected the cartridge at the side of the footpath as I went into the house."
Del Sgt Seamus Quinn, of the Ballistics Section of Garda Headquarters, said he had compared the spent cartridge found at the scene with test fires from the shotgun and was satisfied the cartridge had been discharged from that gun.
In its present condition, the gun was not safe to be discharged from the shoulder. He said the trigger pressure was normal.
Cross-examined by Mr Grogan, Del Sgt Quinn agreed the shotgun was up to 80 years old.
Asked how the gun could be made safe if, after it was loaded, a person decided not to use it, Del Garda Quinn said the hammer must be released and the trigger also moved back.
He agreed that if a finger slipped on the hammer while carrying out that procedure, the gun would discharge. This could happen if a person's finger was dirty, if there was perspiration on the hand or if the hammer had excess oil on it. After the closing speeches, Mr Justice Moriarty told the jury he would defer his charge until today.