THE MAIN witness in the trial of two brothers accused of murdering a neighbouring farmer has denied the dead man called one brother “scum” and told the other there was “bad breeding” in him.
The evidence was heard during cross-examination of John Dempsey, the central witness and the brother of the dead man, Edward Dempsey (49), who died 10 months after the alleged assault on a Co Laois farm in December 2006.
Daniel Joseph “DJ” Byrne (39), of Hammer Lane, Borness, Mountmellick in Co Laois, and Jason Byrne (33), of the same address, have both denied murdering Mr Dempsey, a father of two, who died in October 2007.
The prosecution claims the case is one of joint enterprise, and that the ultimate cause of Mr Dempsey’s death were injuries received during the alleged assault.
In earlier evidence, Mr Dempsey told the jury that he and his brother drove to the Byrnes’ farmyard to get back a heifer which had strayed on to their land.
The witness described how the brothers were standing inside their yard smiling, with their hands resting on sticks. They invited them in saying “come on in and get your heifer”. He said Eddie, who was 6ft 3in, had “more guts” than him and went in. The gate was closed behind him as the brothers “turned on him”.
Mr Dempsey said Jason Byrne beat Eddie on the leg with the handle of a brush so that he could hear “the bone in his leg cracking” and that DJ Byrne hit him “full force” across the head, after which Eddie collapsed on to the ground covered in blood.
It was put to Mr Dempsey that the Byrnes had actually repeatedly told Eddie Dempsey not to come on to their property. Counsel suggested that despite this, Eddie pushed the gate in on top of DJ Byrne and said to him “there’s bad breeding there, I can see it in your eyes”. He also told Jason Byrne he was “scum” and “even the guards wouldn’t keep you”, counsel suggested.
“Very untrue, my brother was very well-spoken and educated man . . . he was quite a gentle man,” Mr Dempsey replied.
The trial continues.