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Jury told man accused of murdering elderly uncle in Clare town replied 'no comment' to gardai
Thomas Lorigan denies kicking John O'Neill to death in Lisdoonvarna
Thomas Lorigan was detained at Ennis garda station following his arrest | FILE PHOTO
Reporter:
Alison O'Riordan
25 Jan 2024 4:53 PM
A man accused of murdering his 78-year-old uncle in a Clare town replied "no comment" when asked to account for the presence of blood on his clothing during garda interviews, a jury has been told.
It is the prosecution case that widower John O'Neill died after a vicious attack by his nephew, who they submit had repeatedly kicked him to the head while wearing steel capped boots.
Thomas Lorigan, aged 34, of no fixed abode, has pleaded not guilty to murdering pensioner Mr O'Neill (78) at St Brendan’s Road, Lisdoonvarna on a date unknown between January 6 and January 7, 2022.
The trial has heard that gardaí recovered a pair of bloodied boots from a house at Gleann Bhreandain in Lisdoonvarna, where Mr Lorigan had stayed the night before the body was found.
Witness Walter Burke has testified that Mr Lorigan left his house at one point during the night of January 6 and returned before midnight, telling him that he had a row with his uncle. The witness said the accused went to bed but during the night mentioned to him that he felt the row "was more serious than he first told me" and that somebody could be hurt.
Giving evidence this Thursday, Detective Garda Brendan Ryan told Aoife O'Leary BL, for the Director of Public Prosecutions, that Mr Lorigan was arrested for assault causing serious harm to Mr O'Neill on January 7 and was detained at Ennis garda station as part of the investigation.
Garda Ryan agreed that his superintendent had authorised the taking of a DNA sample from Mr Lorigan on January 7.
The witness went on to say that he had conducted an "inference interview" with the accused the next day, where Mr Lorigan was informed about the reason for his arrest and that certain items had been seized as part of the investigation.
At the outset of the interview, Detective Garda Ryan told the accused the investigation had been upgraded to a murder investigation and that gardai were invoking section 18 of the Criminal Justice Act 1984, where an inference can be drawn from an accused's failure or refusal to account for an object, substance or mark.
A forensic scientist has told the jury that a mixed DNA profile was taken from inside the pair of boots recovered from Gleann Bhreandain. Dr Alan McGee said the boots were heavily stained with Mr O'Neill's blood and that the mixed profile contained the DNA of Mr Lorigan.
During interview, gardai put it to the accused that they were requiring him to account for the presence of blood on his black boots, which were seized from Gleann Bhreandain on January 7, 2022. Mr Lorigan replied "no comment".
Officers then asked Mr Lorigan to account for the presence of blood on his blue jeans which were also seized from Gleann Bhreandain on the same date. The accused replied "no comment" after being shown a photograph of the jeans.
Forensic scientist Dr McGee also gave evidence that the DNA profile obtained from the right knee and lower left leg of a pair of blood-stained jeans seized from the property at Gleann Bhreandain matched Mr O'Neill's profile. The DNA profile taken from inside the waistband of the jeans matched the accused's profile.
The accused was also asked by officers to account for a box of various alcoholic drinks including a bottle of 'Bombay Sapphire Gin' seized from Gleann Bhreandain on the same date. The accused again made no comment.
Gardai told Mr Lorigan that a judge or jury may draw an inference from his failure to give an account and the accused proceeded to sign a document.
Under cross-examination, Detective Garda Ryan told Michael Bowman SC, defending, that it was his understanding that the alcohol bottles seized from Gleann Bhreandain had come from Mr O'Neill's house.
Mr Bowman put it to the witness that it was the prosecution's case that his client had "cleared" the deceased's house "out of alcohol". "Yes, that the alcohol came from Mr O'Neill's house," he replied.
Evidence has previously been given 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.
A pathologist has testified that she observed the heavily blood-smeared and "flattened" face of the pensioner lying on his kitchen floor, injuries which she said were "in keeping with multiple kicks, blows and stamping".
The trial continues before Mr Justice Paul McDermott and a jury of five men and seven women, when closing speeches are expected to take place.
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