A PENSIONER sustained injuries during an alleged break-in at his home similar to those from a “head-on crash”, a jury will hear.
The Central Criminal Court trial also heard today that gardai discovered a glove containing both the blood of pensioner Tom Niland and DNA that matched that of the man accused of his unlawful killing.
Prosecutor Tony McGillicuddy SC was opening the trial of John Irving, who denies breaking into the then-73-year-old’s rural Sligo home in January 2022 with two other men and assaulting him, causing his death.
Mr McGillicuddy told the jury that following the assault on Mr Niland, a kayaker at a nearby lake found a wallet containing his identification.
When officers searched the area, they found gloves.
Forensic scientists later discovered DNA in one of the gloves that matched two men who the prosecution say carried out the assault with Irving — John Clarke and Francis Harman.
DNA from blood on the outside of that glove matched Mr Niland, counsel said.
Mr McGillicuddy said another glove found at the same location contained Irving’s DNA inside and Mr Niland’s blood on the outside.
He said it is the State’s case that Irving, 31, of Shanwar, Foxford, Co Mayo, broke into Mr Niland’s house along with Francis Harman, 58, of Nephin Court, Killala Road, Ballina, Co Mayo, and John Clarke, 37, of Carrowkelly, Ballina.
He said they assaulted Mr Niland leaving him with injuries that resulted in him going into intensive care.
He died a little over 20 months later, counsel said.
Mr McGillicuddy said Mr Niland did not die as a 75-year-old man through natural causes but from complications due to blunt force trauma to his head as a result of a “serious, sustained, prolonged assault perpetrated on him in his own house in rural county Sligo”.
CHARGES FACED
Mr Irving faces four charges in total.
It is alleged that he unlawfully killed Mr Niland on September 30, 2023, having assaulted him on January 18, 2022 at Mr Niland’s home at Doonflynn, Skreen, Co Sligo.
It is further alleged that on January 18, 2022, at Doonflynn, he entered Mr Niland’s home as a trespasser and caused him serious harm.
He is further alleged to have intentionally or recklessly caused serious harm to Mr Niland and to have falsely imprisoned him.
Irving has pleaded not guilty to all four charges.
The trial continues next Monday before Ms Justice Eileen Creedon and a jury of eight women and four men.
