The jury will begin their deliberations this morning in the trial of five men and a teenager who deny the murder of a Kerry father-of-seven.
Six men went on trial in early June at a sitting of the Central Criminal Court in Cork charged with the murder of 42-year-old Thomas Dooley, at New Rath Cemetery, Rathass, Tralee on October 5th, 2022.
The altercation occurred while a funeral was taking place.
The accused in the case include Patrick Dooley (36) of Arbutus Grove, Killarney; Daniel Dooley (42) of An Carraigín, Connolly Park, Tralee; Thomas Dooley Snr (43), Thomas Dooley Jnr (21) Michael Dooley (29) of Carrigrohane Road, Cork; and a teenager who cannot be named for legal reasons.
Patrick is the brother of the late Thomas Dooley; a number of the other men (Thomas Dooley Snr, Daniel Dooley and Michael Dooley) are all cousins of the deceased.
All six men have pleaded not guilty to the murder of Mr Dooley.
Thomas Dooley Jnr also pleaded not guilty to a charge of intentionally or recklessly causing harm to Siobhán Dooley, the wife of the deceased at Rath Cemetery on the same date.
The jury, which consists of ten men and two women, will start their deliberations this morning.
Dean Kelly, SC for the State, previously told the court that “honour” had been offended when a relationship between one of the late Mr Dooley’s daughters and one of the accused men had “broken down. However, this proposition was challenged by counsels for the men.
Senior Counsel Tom Creed, for Thomas Dooley Snr, described as “dog whistle rhetoric” the prosecution categorisation of the case as an “honour killing.” He said that talk of “medieval violence” had no place in the case.
The trial also heard evidence from State Pathologist Dr Sally Anne Collins. She carried out a postmortem on the deceased on October 6th, 2022.
Dr Collis said that she visited the scene of the altercation. She noted blood stains and clotted blood on the grass in the graveyard; Gardaí informed her that a machete had been recovered in grass adjacent to the cemetery.
Dr Collis said that the body of Mr Dooley showed no signs of asphyxiation. Signs of medical intervention were noted.
A stab wound was recorded on the back of the deceased. It was 5.8 centimetres in length and one centimetre in width with a depth of over six centimetres. The jury heard that the wound had damaged the smalls bones in the spine.
It also caused haemorrhage around the spinal cord. Dr Collis said that the degree of damage sustained to the back would have required moderate to severe force.
A stab wound was also noted on the right upper thigh with “significant blood loss.” This was a cut of over 10cm which transected Mr Dooley’s femoral artery. It also punctured one of his veins. There was also an incision wound to the upper leg which was 7.8cm in length.
Dr Collis said that Mr Dooley sustained a blunt force injury to the head. Haemorrhaging also occurred in the right temple area.
Dr Collis said the clothing worn by the deceased on the date the altercation took place had evidence of blood staining. His jeans were heavily blood stained while socks also had specks of blood.
Dr Collis also logged a chop wound on the right upper arm which was 25.5 cm in length, 5cm in width and 13cm in depth. She said that the chop wound was caused by a “sharp implement — the sharpness of the blade incised the wound.” Fatty tissue and muscle was exposed.
Abrasions and bruising was recorded on multiple areas in the body. Dr Collis said the cause of death was sharp force injuries resulting in blood loss. A machete which gardai found in the area of the cemetery was also shown today in court.
The trial also heard evidence from Garda Alan Crowley of the Crime Scene investigation Unit in Cork. He said that officers in the city became aware of a serious incident in Tralee at lunchtime on October 5th, 2022.
A van driven by Patrick Dooley to Cork city on that date was among the vehicles examined following the fatal incident in the graveyard.
Garda Crowley went to a lock up facility where the white van was being stored by gardai on October 6th, 2022. He said that he took pictures of a blood stained sock on the floor of the van and of blood staining to a child seat on the passenger side of the van.
He told Ms Justice Ring that he also took photographs of blood on the button of the handbrake as well as collecting a number of wet and dry swabs from the vehicle including from the gear stick and baby seat.
The trial also previously heard from Sgt Liam Lingane who went to the A&E department at CUH at 8.30pm on October 5th, 2022 where he met with Patrick Dooley.
Patrick Dooley informed Sgt Lingane that he had attended a funeral that day. Sgt Lingane said Patrick told him that “Cork lads” were on top of his brother at the funeral that day. Patrick told Sgt Lingane that he tried to “pull some fellas off his brother. Mr Dooley said he decided to head to Cork to go to hospital when he noticed blood ‘dripping” off his left arm.
