The jury of a murder trial will hear evidence that a 79-year-old widower died after a vicious attack by his nephew, who the State allege repeatedly kicked him to the head while wearing steel-capped boots.
The 12 jurors were also told by the State on Wednesday that they will have no difficulty finding that accused man, Thomas Lorigan, had an intention to kill or cause serious injury to the Clare pensioner.
Mr Lorigan (34), of no fixed abode, has pleaded not guilty to murdering John O'Neill (79) at St Brendan’s Road, Lisdoonvarna, Co Clare on a date unknown between January 6th and 7th, 2022.
Opening the prosecution's case on Wednesday, Eilis Brennan SC, for the Director of Public Prosecutions, said the court will hear that Mr Lorigan was known by the nickname 'Mossy' in the area.
Outlining the facts of the case, Ms Brennan said Mr O'Neill was 79 at the time of his death and was a relatively fit and healthy man. Mr O'Neill lived in a house in Lisdoonvarna that had been run as a bed and breakfast up to six months previously.
Mr O'Neill's wife had run the B&B, but she passed away during the summer of 2021. The deceased man had lived alone since his wife died and the B&B was no longer in operation, counsel said.
Family
The barrister went on to tell the court that the prosecution's case will be that Mr O'Neill went out for drinks around 6pm on the evening of January 6th. Mr O'Neill had a few drinks in the pub and returned home in his car around 8pm that evening.
Counsel said the court will hear that the accused, Mr Lorigan, was 32 years at the time and was the nephew of the deceased. She added Mr Lorigan is the son of Mr O'Neill's sister.
The barrister explained the deceased's sister was married in Leixlip, Co Kildare, and had three children, one of whom was Mr Lorigan.
The jury heard that Mr O'Neill's sister died when the accused man was still a child, and that Mr O'Neill had acted as a guardian for Mr Lorigan and his siblings.
"Mr O'Neill helped out in relation to the family at that stage, but as the years turned by and as Thomas turned 18, the relationship became strained, and they were no longer close.
"It doesn't appear the deceased and Mr Lorigan saw a lot of each other at that stage," counsel said.
The barrister also indicated to the jury that they will hear evidence that Mr Lorigan moved to the Clare area in the last few years and at that stage was not close to his uncle.
Ms Brennan said that the accused man had "something of an unsettled life", that he was sometimes seen in local bars or shops and that people knew him as 'Mossy'.
There will be evidence, counsel said, that Mr Lorigan found himself without a home in late 2021 and was living in a derelict house outside Lisdoonvarna.
Witness
Outlining the circumstances of the deceased’s death, Ms Brennan said witness Walter Burke will give evidence to the trial that he was drinking in his house with the accused on the night of January 6th.
The jury will hear they were drinking bottles of red wine and that on various occasions Mr Lorigan went down to the Spar shop to get wine.
The barrister further stated that Mr Burke will testify that the accused left his house later that evening.
"Mr Burke didn't know how long Mr Lorigan was gone, but when he came back, the accused woke up Walter and said he had an argument with his uncle Mr O'Neill," she continued.
Counsel said Mr Burke did not think the argument was serious, and he went back to sleep. The accused also went to bed, she told the court.
The next morning, Mr Burke and the accused continued the conversation from the previous night.
"Mr Lorigan again referred to the incident with his uncle and indicated it could be something more serious," she added.
She said Mr Burke became alarmed, rang 999, and emergency services were dispatched to Mr O'Neill's house at 8.10am on January 7th.
The emergency services gained access to the kitchen area by breaking a window and discovered the deceased on the kitchen floor. Mr O'Neill had passed away by the time paramedics arrived.
The court will also hear evidence of what was found at the scene, the lawyer said. She said family photographs were found smashed on a sideboard area in a back room.
Investigation
A murder investigation was launched and gardai went to Mr Burke's home where they arrested Mr Lorigan.
They seized several items of clothing which were believed to have been worn by the accused the previous night. These items included jeans, gloves, a jacket and a particular kind of heavy steel-capped boots.
The State pathologist examined Mr O'Neill's body and found severe blunt force trauma to his head, mainly in the facial area. There were multiple fractures to all of the bones of his face, which were in keeping and characteristic of multiple kicks and stamping to the face.
CCTV footage, she said, shows two people talking outside the deceased's residence at 9.20pm that night. A minute later, the footage shows a person assaulting another person outside the B&B, she said.
Counsel added: "One man falls to the ground and is repeatedly kicked to the upper part of the body. The prosecution case is that he is being kicked in a ferocious manner in a very vicious assault. Then one sees a person drag the man into an archway, and they disappear from view."
Ms Brennan said the jury will also see footage of a man leaving the area a half an hour later and walking towards Mr Burke's house. "It is dark in the footage, but the prosecution case is that the person committing that assault is Mr Lorigan," she said.
The court heard further evidence will be that gardaí gathered footage of Mr Lorigan going to Spar on a few occasions earlier that day.
The lawyer said the prosecution would be inviting the jury to conclude that this is the same man who carried out the assault on Mr O'Neill.
Counsel said the State will be calling scientific evidence which the prosecution contends links the accused to the assault on the deceased. "This evidence will show you beyond a shadow of a doubt that this person was Thomas Lorigan who assaulted Mr O'Neill causing his death," she added.
Ms Brennan told the jury that the prosecution case is that if a person kicks a 79-year-old man repeatedly in the upper body and head with steel capped boots, which the State say were worn by the accused that night, then they will have no difficulty finding an intention to kill or cause serious injury.
"The prosecution say he [Mr Lorigan] intended to kill him [Mr O'Neill] or cause him serious harm," she said.
Counsel concluded by telling the jury that the prosecution case is that the accused murdered Mr O'Neill.
The trial continues on Wednesday afternoon before Mr Justice Paul McDermott and a jury of five men and seven women. It is expected to last up to four weeks.
