Court report:Nally weeps as majority verdict is read out and says he 'feels sorry for Ward family who lost a father'
Co Mayo farmer Pádraig Nally has been cleared of the manslaughter of John Ward, who was a member of the Travelling community.
During the trial the court heard that Mr Nally (62) had admitted to beating Mr Ward up to 20 times with a stick after he shot him first in the hip with his single-barrel shotgun which he had fetched from a hay shed. He then reloaded the gun and shot Mr Ward a second time as he tried to limp away from the property.
Mr Nally believed that Mr Ward (42), a father of 11, had been on his land to commit a burglary and he said he had been living in fear. He told gardaí at the time: "I was out of my mind for these lads calling to my house all year." He had slept just an hour the night before the killing as he had expected something to happen.
At the start of the trial he had pleaded not guilty to the manslaughter of Mr Ward, who was from the Carrowbone halting site in Galway, on October 14th, 2004.
Mr Nally wept as the jury's majority verdict of not guilty was read out at the Central Criminal Court. His sister Maureen, who had sat beside him during the six-day trial, later said a prayer.
The jury had deliberated for 15 hours and 32 minutes over three days before reaching its verdict last night. The trial judge, Mr Justice Kevin O'Higgins, who had earlier remarked that they must be exhausted, exempted the jurors from further service for another 10 years.
"Thank you for the care and consideration you have given to this case . . . It was clear from the length you took in your duties that you took this case very seriously indeed."
He then said: "I take it the accused may be discharged."
An emotional Mr Nally, who was dressed in a pin-striped suit and black tie, then took several calls from his supporters before going to speak with his lawyers.
When he emerged later to speak to the press, he said: "I want to thank the jurors for their long deliberation. I want to thank the legal team Brendan Grehan, Michael Bowman and Seán Foyle. I want to thank all my neighbours and friends and all who have helped me, all who have sent letters to me."
He then added: "I feel sorry for the Ward family who have lost a father and is left with young children."
There was no one from the Ward family in court for the verdict, although Mr Ward's son Tom said during the trial that all they had wanted was a fair trial. He said the death "f...ed up his whole family" and he complained that Mr Nally had been allowed to walk around freely.
Mr Nally was first tried and cleared of the murder of Mr Ward in November 2005 but he was jailed for six years for manslaughter. He served 11 months of that term before the case was taken to the Court of Criminal Appeal and a retrial was ordered.
The three-judge appeal court ruled that the jury at Mr Nally's original trial, presided over by Mr Justice Paul Carney and sitting in Castlebar, should have been allowed to consider the full defence of self defence. This is what enabled the jury in the latest trial to bring in its not guilty verdict.
During the trial Brendan Grehan SC, defending, told the jury that in an altercation in which an intruder came into your home, you are typically most at risk of finishing off the worst.
In his closing speech, he said: "If you act reasonably in self defence, you are entitled to acquittal and what is reasonable is determined by the jury."
He said Mr Nally's perception of John Ward and his son Tom was that he would be killed and he had acted in a "primeval manner" with little time to think about his actions.
He said perhaps the most important witness in the case had been his neighbour Patricia Carney, who said she had heard two shots just 90 seconds apart which he said made it hard for anybody to work out their options and rationalise how to proceed. "Help might as well have been on the moon from his point of view," he told the jury.
Another neighbour of Mr Nally, Michael Varley, had claimed during the trial that Mr Nally was "demented with fear" about attacks on his property. Mr Varley, a father of three, said Mr Nally had had concerns about his property, including a chainsaw and other things that had been taken.
Asked if Mr Nally was aggressive or violent, he said: "Pádraig Nally was never a violent man. He never said a word to anybody or raised a hand in his life and he wouldn't have now but for what happened."
State Pathologist Dr Marie Cassidy told the court Mr Ward had died as a result of a shotgun wound to the trunk with blunt force wounds to his head being a contributory factor.
In a series of statements taken by gardaí, Mr Nally admitted the shooting. However he claimed: "I was out of my mind for these lads calling to my house all year."
On the day in question he said he had met Tom Ward, in a car in his driveway. He saw John Ward going in the back door of his farm. He said he went back to his shed and took a gun, which was already loaded, out of a barrel there.
He said he recognised Mr Ward snr from a Saturday a fortnight before, when he had driven a black car and asked Mr Nally for directions to the lake to go fishing.
Mr Nally told gardaí: "I said: 'What are you doing in there, you rogue'?" He said he was not sure if he aimed the gun but it went off hitting Mr Ward on the right hip.
At this point he said Mr Ward went straight for him and a fight began. He kicked Mr Ward on the broad of his back and he said the pair exchanged blows.
He said Mr Ward tried to pull him by the collar and kick him in the stomach and the testicles. He said Mr Ward had tried to grab the gun, but Mr Nally said he put him up against the kitchen door in a "real movie-type effort". He said he then beat him about the head with a piece of ash wood.
"I struck him on the head and hands and feet. I must have struck him 20 times anyways." He said Mr Ward was shouting "Tom, Tom" for his son, who he could hear revving the car.
He gave him a push and kicked him on the back as he lay in a heap of nettles. He went into the shed to get more cartridges. He saw Mr Ward walking along the road towards the village of Cross. He pulled up the gun and shot him again. He said he died instantly and he lifted up the body and threw it over a wall.