A man accused of murdering his 78-year-old uncle replied “no comment” when asked to account for the presence of blood on his clothing during garda interviews, where he was told a jury may draw an inference from his failure or refusal to do so.
It is the prosecution’s 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 (34), of no fixed abode, has pleaded not guilty to murdering Mr O’Neill (78) at St Brendan’s Road, Lisdoonvarna, Co Clare on a date unknown between January 6th and 7th, 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.
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Witness Walter Burke has testified that Mr Lorigan left his house at one point on the night of January 6th 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 on Thurday, Det 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 7th and was detained at Ennis Garda station.
Det Garda Ryan agreed that his superintendent had authorised the taking of a DNA sample from Mr Lorigan on January 7th. 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, Det Garda Ryan told the accused that the investigation had now been upgraded to one of murder and that gardaí 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.
Gardaí put it to the accused that they were requiring him to account for the presence of blood on his black boots. Mr Lorigan replied “no comment”.
Officers then asked Mr Lorigan to account for the presence of blood on his blue jeans. He again 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 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.
Gardaí 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 today, Det 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 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 2021.
The trial continues on Friday before Mr Justice Paul McDermott and a jury of five men and seven women.
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