A Detective Garda has told the Central Criminal Court that a man now on trial for murder told him at the scene of an assault ‘I hit him. You can arrest and charge me.'
Detective Garda Pat Lynn was giving evidence in the trial of 38-year-old DJ Byrne of Hammer Lane, Borness, Mountmellick, Co Laois and his 32-year-old brother Jason, of the same address, who both deny murdering 49-year-old Eddie Dempsey.
Mr Dempsey died in October 2007, ten months after he was allegedly assaulted by the two men in a row over straying cattle.
Mr Lynn told the court that DJ Byrne was holding a stick in his two hands when he told him ‘I hit him guard, you can arrest and charge me.’
Detective Garda Lynn said he was more concerned about the condition of Eddie Dempsey and decided to take him to hospital in his patrol car.
He said on the way to the hospital Mr Dempsey's condition deteriorated and he held his hands to his head and made a groaning sound.
He said he then went into a ‘spasm’ and was lying on the back seat of the car when they arrived at Portlaoise hospital.
The jury was shown the handle of a shovel and a hazel stick along with a green jacket worn by the deceased.
The jacket was blood stained but Garda Lynn agreed that the blood on the jacket had not been tested to confirm it was from the deceased man.
Senior counsel Michael Bowman put it to Detective Garda Lynn that Mr Byrne had not made the comment about the assault but Garda Lynn repeated that he did.
