A 31-year-old has been sentenced to life in prison for murdering a man following a drunken row over a cigarette.
Following the verdict the deceased’s daughter Shawna Byrne gave an emotional statement, telling the court her family’s world stopped the day he died, “his life and his dignity taken in an absolutely savage way”.
Anthony Walsh (31) was found guilty of the murder of 54-year-old Dermot Byrne at North St, Swords, Co Dublin on July 16th, 2017 by a unanimous jury verdict. The jury spent two hours and 41 minutes considering their verdict.
Ms Byrne told prosecuting counsel Vincent Heneghan SC, that her family had tickets to the Dublin GAA semi-final the day their father was murdered. “He was one of the most important people in our lives, as a father but also as a husband, a brother and a son,” she said.
The days after his death were a blur as they dealt with the Garda investigation and tried to figure out why their father was beaten to death in such a “savage” way. Slowly they realised that he would not return.
“His white van would no longer be parked outside the house. The familiar sound of his voice, joking about one thing or another was gone. He will not be there for our milestones,” she said “Our dad will not be there to walk us up the aisle like he was supposed to.”
The family members no longer feel safe in the town in which they grew up. Their local credit union and dentist are across the road from where their father was beaten to death at the steps to Fingal College. They still have questions and nightmares.
“Both his life and dignity were taken in an absolutely savage way that is unbearable to think about,” said Ms Byrne. Walsh’s life sentence was insignificant compared to the “tragedy that arrived on our doorstep that day”, she added.
Judge Eileen Creedon sympathised with the Byrne family and commended Ms Byrne for making the statement. Sgt Killian Leydon told the court that Walsh had multiple previous convictions including for public order, burglary, criminal damage and misuse of drugs.
The judge sentenced him to the mandatory life imprisonment for murder and seven years for stealing a bank card, Zippo lighter and keys from the man he had beaten to death. She said it would be difficult to think of a more heinous circumstance in which a person could take another man’s property.
Walsh did not react as he was sentenced and led away by prison guards.
Mr Byrne was well known in Swords and spent many weekends at the local GAA club and in various pubs.
Although he was barred from the Harp Bar, head of security John Burke said he would still enjoy a bit of banter with door staff every weekend. They barred him because he was a “messy” drunk, but he was friendly.
On the night he died, however, he was highly intoxicated and “looking for trouble” according to defence counsel Remy Farrell SC.
There was evidence that Mr Byrne threatened to kill a 24-hour garage shop worker, annoyed customers queuing at the hatch, urinated on the garage forecourt and got into an argument with a motorist. He was caught on CCTV outside the Harp Bar coming up behind Walsh and grabbing a cigarette from his mouth. Door staff held him back and he later complained to one of them: “Why did you do that? I can look after myself.”
Following that confrontation Walsh went off in the direction of Main Street and was seen arguing with a friend who he had earlier been drinking with. Walsh, who was homeless at the time and carrying his belongings in a black holdall bag, sat down at the steps to the Community College and his friend left to get a taxi.
According to Walsh’s statements to gardaí Mr Byrne then attacked him, cornered him and kept coming at him, throwing punches, kicks and rugby tackling him.
Prosecution counsel Vincent Heneghan SC said this version of events was not realistic given that Walsh is taller than six feet one inch while Mr Byrne stood at five feet and four inches. He said it would have been easy for Walsh to get away and asked the jury whether they thought a man with as much alcohol in him as Mr Byrne would have been able to do that to Walsh.
Walsh beat Mr Byrne to death. Deputy State Pathologist Dr Margaret Bolster identified multiple fractures to the face and ribs. Some of the bones in his face had been broken into little bits. He died from traumatic brain injury complicated by intoxication and the inhalation of blood.
Following the beating Walsh stripped Mr Byrne of his clothes and put his bank card, Zippo lighter and keys into the holdall bag. He got a taxi to a friend’s house and the next day confessed what he had done to his parents. He did not explain to gardaí why he stripped Mr Byrne’s clothes. Mr Heneghan suggested it was to destroy forensic evidence but Mr Farrell pointed out that Walsh left his mobile phone beside the body.
Walsh’s defence team argued that he was provoked to the point where he lost all self control by Mr Byrne repeatedly “going after” him and then punching him, leaving him with a “burst lip”. Justice Eileen Creedon told the jury that if he was provoked to the point where he was no longer in control of his own actions they should find him not guilty of murder, but guilty of manslaughter.
To convict of murder the jury was convinced beyond reasonable doubt that Walsh intended to kill or cause serious injury to Mr Byrne and that he was not acting in self defence and was not provoked to the point where he lost control.