A lawyer has pleaded with jurors to set aside any existing prejudice against the Travelling community in their consideration of a murder case involving six men in Ireland. The defendants, alleged to have played a part in the killing of Thomas Dooley (43) at Rath Cemetery, Tralee, on 5th October 2022, include family members.
Prosecution counsel Dean Kelly SC emphasised to the 15-strong jury, made up of 13 men and two women, that their evaluation of the case should be free of bias or sympathy. The defendants are Patrick Dooley (39) of Arbutus Grove, Killarney, Daniel Dooley (42) of An Carraigin, Connolly Park, Tralee, Thomas Dooley Snr (43), Thomas Dooley Jnr (21) and Michael Dooley (29) of Carrigrohane Road, Cork, and a minor who has not been identified due to legal restrictions.
As he opened the prosecution at the Central Criminal Court in Cork, Mr Kelly summarised the evidence set to be unveiled in the impending weeks but clarified that his statements were not evidence themselves. All the defendants, who have pleaded not guilty to the murder charge, come from a Travelling family. The victim’s brother, Patrick Dooley is among the accused and is roughly 8 to 9 years younger.
Also among the accused are three brothers – Thomas Dooley Snr, Daniel Dooley and Michael Dooley, all residents of Carrigrohane Road, Cork, who were cousins of the victim. In a further twist, Thomas Dooley Snr was also the victim’s brother-in-law. Thomas Dooley Jnr, the only defendant facing an additional charge of inflicting severe harm on the victim’s widow, Siobhán Dooley (née McDonagh), is the son of Thomas Dooley Snr and is also related to the deceased.
The court was informed that evidence would be presented to demonstrate how the late Thomas Dooley, together with his spouse, Siobhán, and their four children, all of whom were 15 years old or younger, travelled to Tralee on the concerned day to pay their last respects to their friend, Bridget O’Brien.
Their late arrival meant that they missed the church proceedings of the funeral and as such, they parked at Kelleher’s Garage in Rathass and travelled across the street to the cemetery at Rath where the burial ceremony of Ms O’Brien was set to occur.
Moments after their arrival, it’s alleged that Thomas Dooley was viciously assaulted by a gang of blade-carrying individuals, an encounter which left him with multiple injuries, culminating in his demise.
The court was informed that in the course of this brutal onslaught, Thomas Dooley was inflicted with notable damages. These included a deep stab wound, extending over six centimetres into his back, causing spinal trauma.
Furthermore, he was stabbed in the thigh with a penetration depth of 10 centimetres that ended up severing his femoral artery, causing significant blood loss. A deep chop extending 25 centimetres was also inflicted on his right arm.
All six suspects present in the court were charged under the premise of the doctrine of joint enterprise and common purpose. This legal principle dictates that when a group of individuals jointly embark on a criminal deed, each participant is guilty of the crime, regardless of whether they were directly involved in the action or not.
The presiding officer stated that while it is impossible to identify the specific hand that held the blade which inflicted the various wounds on Thomas Dooley, they can ascertain the men involved were acting collectively as a lethal gang with a predetermined criminal intent.
The prosecutor stressed that this incident should not be misconstrued as a fight or an escalating argument. It was described as a premeditated, focused assault on Thomas Dooley orchestrated by a criminal group.
In his statement, Mr Kelly asserted that the government would disclose evidence effectively demonstrating that Thomas Dooley did not provoke or insult anyone, maintain silence, or conduct any offensive action that might have led to his murder at Rath Cemetery.
Referring to the jury, Mr Kelly noted that they may harbour sympathy for Ms Dooley following the tragic incident impacting her and her seven children. Additionally, there might also be a wave of sympathy felt towards the alleged perpetrators, especially considering the young age of some. However, he highlighted that such emotions should not influence the jury’s judgement.
Furthermore, Mr Kelly addressed the uninvited guest in the room, succinctly covering the discriminatory practices faced by the Traveller community in this country. He sternly advised the jury that if their prejudices inadvertently pushed them for a guilty verdict, the DPP would be entirely disinterested in such a judgement.
The trial is still ongoing.