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Court told pensioner was so badly beaten he was unrecognisable

Tom Niland died on 30 September 2023, 20 months after the incident at his home in Sligo
Tom Niland died on 30 September 2023, 20 months after the incident at his home in Sligo

A 74-year-old man was so badly beaten during an alleged home invasion that his neighbours did not recognise him walking along the middle of a road covered in blood, wearing odd shoes and with his eyes swollen shut, a trial at the Central Criminal Court has heard.

Tom Niland's neighbours Anna Calpin and her daughter Fiona said they only realised it was Mr Niland when he spoke to say that he had been "robbed" by three men.

A paramedic also described Mr Niland as "crying blood" with multiple traumatic injuries to his face and skull.

A surgeon from Sligo University Hospital told the trial that Mr Niland had suffered "serious and life threatening injuries" that required him to be put on life support.

Prosecuting counsel Tony McGillicuddy SC said it is the State's case that 31-year-old John Irving, of Shanwar, Foxford, Co Mayo, broke into Mr Niland's house along with 58-year-old Francis Harman of Nephin Court, Killala Road, Ballina, Co Mayo, and 37-year-old John Clarke of Carrowkelly, Ballina, Co Mayo, on 18 January 2022.

It is alleged Mr Irving assaulted Mr Niland, leaving him with injuries that caused his death more than 20 months later, on 30 September 2023.

Mr Irving faces four charges in total. It is alleged that he unlawfully killed Mr Niland at the pensioner's home at Doonflynn, Skreen, Co Sligo.

He is accused of entering Mr Niland's home as a trespasser and causing him serious harm. He is further alleged to have intentionally or recklessly caused serious harm to Mr Niland and to have falsely imprisoned him.

Mr Irving has pleaded not guilty to all four charges.

Anna Calpin told Mr McGillicuddy that she was walking around outside her home opposite Mr Niland's house with her daughter Fiona when they noticed cars slowing down on the road. They went to see what was happening and saw a man on the road.

She said: "As we approached he was standing in the middle of the road with his hands out in front of him, he couldn't see anything and we didn't know who it was.

"When we got closer to him, the first thing we heard was, I was robbed, and then we realised it was Tom."

The witness recalled a lot of blood and said Mr Niland's face was "totally distorted," and his eyes were swollen and shut. He had a runner on one foot and a shoe on the other but neither were laced up.

She recalled Mr Niland telling her that his doorbell rang and when he opened the door, three men wearing masks appeared and pushed him into his hallway. He said they took his wallet which contained €800 or €900.

Anna Calpin brought Mr Niland into her home and called an ambulance and gardaí.

Victim 'unrecognisable' until he spoke

Fiona Calpin said Mr Niland was "unrecognisable" until he spoke.

Her father David Calpin said he was in his workshop when Fiona came in and said that Mr Niland had been "robbed and assaulted".

Mr Calpin went inside where he saw his neighbour. He said: "He was so badly beaten that his eyes wouldn't even open, he was covered in blood on his face and clothes. He was basically unrecognisable."

Mr Calpin went across to Mr Niland's house where he saw blood "running down the glass of the front door", on the driveway and the road. A pair of tights or nylons lay on the driveway. He realised it was a crime scene so he left to wait for gardaí, he said.

George Williams, of the ambulance service in Sligo, told Mr McGillicuddy that he went into the Calpin home and saw Mr Niland with a towel wrapped around his head. Mr Niland told him that he had answered his front door and was attacked by three people.

When Mr Williams removed the towel, he saw multiple injuries and trauma around Mr Niland's face, head and skull. He said Mr Niland's eyes were "completely swollen shut and he had the appearance as if he was crying blood."

Mr Niland complained of pain in his face, on his head, tongue and the right side of his chest. Given Mr Niland's age and the level of trauma, Mr Williams believed the injuries were potentially life threatening so he decided to immediately move him to an ambulance.

Dr Martin Caldwell told Mr McGillicuddy that he was the emergency surgeon on duty at Sligo University Hospital when Mr Niland arrived.

He said Mr Niland had suffered "serious and life threatening injuries" and told him that he had been beaten and kicked at his home. He noted Mr Niland had significant swelling to his face and head and bruising to the right side of the body.

Scans revealed bleeding to the brain, a fracture to the floor of the orb of the right eye and multiple broken ribs on the right side. Despite the brain injury, doctors decided it was not necessary to send him to Beaumont Hospital in Dublin for surgery.

Between 20 January and 26 January, Mr Niland made progress and was able to sit on a chair. However, his condition deteriorated at that point and he became more drowsy. He required a ventilator to help him breathe and doctors decided to place him on life support in the Intensive Care Unit.

By early March, he had made no progress, Dr Caldwell said, and a consultant neurologist took over his care.

John Scott told Mr McGillicuddy that he was part of a group of kayakers who were heading out on Lough Easkey in Sligo four days after the alleged assault on Mr Niland. As he was placing a kayak into the water, he said he noticed something unusually square under a couple of inches of water by the side of the lake.

When he took it from the water he realised it was a wallet. He phoned a friend who is a garda and told him that the name Tom Niland was on the ID inside the wallet. He said he did not know the significance of it at the time, but about one hour later, Garda Elaine McAndrew arrived at Lough Easkey and took possession of the wallet. Mr Scott showed her where he had made the discovery.

The trial continues before Ms Justice Eileen Creedon and a jury of eight women and four men.