Prosecution case closed in Tralee murder trial

The prosecution case closed in the Tralee graveyard murder trial at the Central Criminal Court today. 

The last witness called by the prosecution was one of the first garda officers who arrived on the scene that morning – Detective Sergeant Ernie Henderson - who was the lead officer in the investigation.

Dean Kelly senior counsel for the prosecution said the murder of father-of-seven, 43-year-old Tom Dooley from Hazelwood Drive, Killarney, County Kerry, was determined to have taken place at 11.45 am on the morning of October 5, 2022 at New Rath Cemetery, Rathass, Tralee, County Kerry.

Det. Sgt. Henderson said, “I was in the graveyard at five minutes to 12 – or three or four minutes to 12.” 

The detective sergeant went to Kelleher’s Mace shop in the garage across the road from the cemetery and met the deceased man’s widow, Siobhán Dooley, shortly after his arrival.

“I could see a mark on her arm and back area. She was telling me as best she could who was involved. She was talking fast. She was very panicked. She was concerned about her husband more than about her own injuries. She was panicked and distressed and talking loudly,” Det. Sgt. Henderson said.

The detective had been in a patrol car attending to other business when they diverted to the urgent matter at the graveyard and he had not expected that he would be writing down the first statement of murder witness and injured party, Siobhán Dooley.

“Embarrassingly, the statement was taken on the back of someone else’s list of previous convictions (a document connected to a person with nothing to do with this case) that was to hand in the back of the patrol car,” Det. Sgt. Henderson said.

Brian McInerney senior counsel for Daniel Dooley cross-examined Det. Sgt. Henderson, putting it to him that in this first account given by Siobhán Dooley and in all other statements she made to gardaí she never named Daniel Dooley in any respect, and only referred to him for the first time when she was in the witness box early in this trial.

“You did not know she was going to name Daniel Dooley, it came as, as big a surprise to you as it did to me,” Mr McInerney said. 

Det. Sgt. Henderson said, “That is correct.” 

“The first time Daniel Dooley appeared out of her mouth was when she was sitting in that chair (in courtroom) a couple of weeks ago,” the senior counsel said, and the detective agreed.

Prosecution senior counsel Dean Kelly formally closed the prosecution case after this witness. 

However, it is likely to be several days before the jury will begin to deliberate on their verdicts. 

In any criminal trial there are a number of further stages. The defence can call witnesses if they choose although there is no onus on them to call any evidence. The prosecution and the six defence senior counsel will each make a closing speech to the jury. And finally, the trial judge may summarise the evidence given in the trial and will address the jury on the legal principles they are required to use in their deliberations.

The murder trial is taking place before Ms Justice Mary Ellen Ring and a jury of two women and twelve men (including two substitute jurors). 

All six of the accused who are on trial deny the charge of murdering 43-year-old Tom Dooley from Hazelwood Drive, Killarney, at New Rath Cemetery, Rathass, Tralee, on October 5, 2022. Five defendants in the case – all with the surname Dooley – Patrick, 36, from Arbutus Grove, Killarney; Thomas Sr., 43, from the halting site, Carrigrohane Road; Thomas Jr., 21, from the halting site, Carrigrohane, Cork; Michael, 29, of the halting site, Carrigrohane, Cork, and Daniel, 42, of An Carraigin, Connolly Park, Tralee, County Kerry, are on trial, as is the sixth defendant who is a teenager.

Only 21-year-old Thomas Dooley Jr. faces the second charge that he intentionally or recklessly caused serious harm to Siobhán Dooley, the wife of the deceased man. He also denies this count.