Jury told Clare pensioner who was 'kicked to death' at his home had been in 'great form'

GARDAI recovered a pair of bloodied boots from a house where a man who is alleged to have kicked his 79-year-old uncle to death was said to have stayed the night before the body was found, the Central Criminal Court has heard.

Thomas Lorigan, aged 34, of no fixed abode has pleaded not guilty to murdering widower John O'Neill (79) at St Brendan’s Road, Lisdoonvarna, Co Clare on a date unknown between January 6 and 7, 2022.

It is the prosecution's case that the pensioner died after a vicious attack by his nephew, who they submit had repeatedly kicked him to the head while wearing steel capped boots.

A garda witness has described to the jury the moment she found the body of Mr O'Neill on his kitchen floor. She said he had been "severely beaten" to the point where he was "unrecognisable".  

The trial has heard that Mr Lorigan was known by the nickname 'Mossy' in the Clare area and was the deceased's nephew. 

The jury has heard that Mr O'Neill lived alone and previously ran a bed and breakfast at his home along with his wife, who passed away in the summer of 2021.

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Witness Walter Burke has testified that the accused occasionally came to his home at Gleann Bhreandain in Lisdoonvarna and that he had stayed the night at least three times.  He said Mr Lorigan had left his house at one point on the night of January 6 2022 and returned before midnight telling him that he had a row with his uncle.

The witness said the accused went to bed but that during the night had mentioned to him that he felt the row "was more serious than he first told me" and that somebody could be hurt. Mr Burke said after a third conversation about the row the next morning he rang emergency services as he thought Mr O'Neill might be hurt and need medical help.

Giving evidence this Friday, Garda John Costello told Aoife O'Leary BL, for the Director of Public Prosecutions, that he went to a house at Gleann Bhreandain in Lisdoonvarna on January 7 2022, where he found a pair of boots behind an armchair inside a patio door. "There appeared to me to be blood on the boots," he said.

The garda said he also found a pair of blue jeans just outside the patio door. He pointed out the items to Sergeant Joe Fallon later that afternoon.

The next witness -  Sgt Fallon - said when he arrived at the house that afternoon he seized the size 46 'Portwest' boots and the pair of jeans. He said he saw a small splatter of blood under the boots which he took a swab from. 

Sgt Fallon said he noticed a pair of gloves when he went to pick up the damp jeans that day. "The gloves were covered over in the waist of the pants and they were dry," he said.

The next witness, Sean McNamara told Eilis Brennan SC, prosecuting, that he was working in his father's pub in Lisdoonvarna called 'The Irish Arms' on January 6 2022. The witness said he had known the deceased Mr O'Neill all his life and was very good friends with him.

Mr McNamara said Mr O'Neill would usually have a couple of pints in the pub around 6pm each day before going home for dinner between 7pm and 7.30pm.

The witness said Mr O'Neill was in the pub on the evening of January 6 and in good form. Asked by counsel whether he had noticed any marks on Mr O'Neill, the witness said "absolutely not" adding: "He was chatting to everyone, a real people's person, he was very well known throughout north Clare."

Referring to an evening in October 2021, Mr McNamara agreed with the barrister that 'a person' had once come into the pub when Mr O'Neill was there. He also agreed that on that October night Mr O'Neill had ordered a pint before he [Mr O'Neill] spotted his nephew sitting on his own.

The witness further agreed that Mr O'Neill had drunk his pint very quickly before leaving the pub and that there was no interaction between the pair. "John said he had spuds boiling and left very quickly," said Mr McNamara.

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Jason Whelan said he was in 'The Irish Arms' around 7.30pm on January 6 and that Mr O'Neill had bought him a pint. "He was in great form and had a big smile as he always had on him," he said.

Mr Whelan said he left the pub with Mr O'Neill around 8pm and walked him to his car. "I said see you soon and that was the last time I saw him," said the witness. Mr Whelan said he saw Mr O'Neill driving in the direction of his home.

Mr O'Neill's son, Sean O'Neill, told Ms Brennan that the accused has been known as 'Mossy' since he was a baby. Mr O'Neill said the accused's late mother Geraldine was his father's younger sister.

He said his father had regularly helped out and provided financial assistance if needed when Geraldine split up with her husband. He said his father had become a guardian to the accused when he was younger but in later years there was very limited contact between 'Mossy' and the witness's parents. 

Under cross-examination, Mr O'Neill told defence counsel Michael Bowman SC that he thought the accused was 12 or 13 years old when Geraldine had passed away. 

The deceased's other son Graham O'Neill told the jury that his mother had died in July 2021 and his father had kept the B&B open until September that year. He said his late father was "as fit as a fiddle", was living independently and was very capable.

Mr O'Neill said he was aware the accused was "around the area" but had no contact with him. 

The trial continues on Monday before Mr Justice Paul McDermott and a jury of five men and seven women.