The trial of a bachelor farmer for the killing of a 43-year-old traveller who called to his home in Co Mayo farmer last October got underway at a sitting of the Central Criminal Court in Castlebar today.
Addressing the jury at the start of the trial of Padraig Nally, (61) who is pleading not guilty to the murder of John Ward at Funshinagh, Cross, Co Mayo on October 14th last, Paul O'Higgins, SC said the prosecution's case would be that there was an intention of a deliberate killing.
The accused was "gravely suspicious" of and disliked travellers, Mr O'Higgins said. The previous February Mr Nally had a chainsaw stolen which heightened his anxiety or antagonism.
Wearing a blue pullover and with his hands by his side the defendant Mr Nally replied "not guilty" when the charge was read to him.
Mr O'Higgins said that when the deceased called to the 65-acre Mr Nally farm, the accused shot with a round from a single barrel shotgun before giving him a heavy beating and then shooting him a second time, this time fatally.
Mr O'Higgins said that Ward was heavily beaten by Mr Nally who hit him on the head with a two foot long, two inch wide, stick and he later told Gardaí: "It was like hitting a stone or a badger. You could hit him but not kill him."
Outlining the facts of the case Mr O'Higgins said at 2pm on October 14th, Mr Nally, was listening to the radio when he became aware of a car outside his house. He went out and in the car he found Tom Ward, a traveller, and son of the deceased. He approached the car.
In February '04 he had a chainsaw stolen and that heightened his anxiety or antagonism. When he went out to Tom Ward he asked where the person with him was and was told he was around the back of the house and that he might like to buy his car.
The evidence would be that Mr Nally said to Tom Ward: "He won't be coming out again."
Mr Nally walked to the shed. He got a single barrel shotgun and walked to the back door of the house. When he came close to John Ward, four or five yards from him, he shot him, Mr O'Higgins said.
It was not a fatal shot but it inflicted a significant wound to the right hand hip and hand. There was an encounter at that stage between John Ward and Mr Nally. The body of John Ward was riddled with many fairly significant injuries.
There would be evidence that he took a heavy beating at the hands of Mr Nally before being shot for a second time, this time fatally.
Mr O'Higgins said that Ward had died instantly and Mr Nally then picked up Ward from the road and put him over the wall. He said that at that stage Nally went into his car and went to the Varley house and contacted the Gardaí to say what he had done.
At the outset of the trial yesterday, Mr. Justice Carney thanked the jurors of Co Mayo for attending.
He said it was the first time since the foundation of the State that the Central Criminal Court has sat in Mayo.