
Neighbours couldn't recognise pensioner due to blood and facial injuries, court hears
Pensioner Tom Niland was so badly beaten during an alleged home invasion that his neighbours did not recognise him walking along the middle of the road covered in blood, wearing odd shoes and with his eyes swollen shut, a Central Criminal Court trial has heard.
Mr Niland's neighbours Anna Calpin and her daughter Fiona said they only realised it was Mr Niland when he spoke to say that he had been "robbed" by three men.
A paramedic also today described Mr Niland as "crying blood" with multiple traumatic injuries to his face and skull.
A surgeon from Sligo University Hospital told the trial that Mr Niland had suffered "serious and life threatening injuries" that required him to be put on life support.
Mr McGillicuddy said it is the State's case that John Irving (31) of Shanwar, Foxford, Co Mayo broke into Mr Niland's house along with Francis Harman (58) of Nephin Court, Killala Road, Ballina, Co Mayo and John Clarke (37) of Carrowkelly, Ballina on January 18, 2022. It is alleged Mr Irving assaulted Mr Niland, leaving him with injuries that caused his death more than 20 months later, on September 30, 2023.
John Irving arriving at Sligo Courthouse.
Mr Irving faces four charges in total. It is alleged that he unlawfully killed Mr Niland at Mr Niland's home at Doonflynn, Skreen, Co Sligo.
He is accused of entering Mr Niland's home as a trespasser and causing him serious harm. He is further alleged to have intentionally or recklessly caused serious harm to Mr Niland and to have falsely imprisoned him.
Mr Irving has pleaded not guilty to all four charges.
Anna Calpin told prosecuting counsel Tony McGillicuddy SC that she was walking around outside her home opposite Mr Niland's house with her daughter Fiona when they noticed cars slowing down on the road. They went to see what was happening and saw a man on the road.
She said: "As we approached he was standing in the middle of the road with his hands out in front of him, he couldn't see anything and we didn't know who it was.
"When we got closer to him, the first thing we heard was, I was robbed, and then we realised it was Tom."
The witness recalled a lot of blood and said Mr Niland's face was "totally distorted," and his eyes were swollen and shut. He had a runner on one foot and a shoe on the other but neither were laced up.
Tom Niland
News in 90 Seconds - Monday July 14th
She recalled Mr Niland telling her that his doorbell rang and when he opened the door, three men wearing masks appeared and pushed him into his hallway. He said they took his wallet which contained eight or nine hundred Euros. Ms Calpin brought Mr Niland into her home and called an ambulance and gardai.
Fiona Calpin said Mr Niland was "unrecognisable" until he spoke.
Anna Calpin's husband and Fiona's father, David Calpin, said he was in his workshop when Fiona came in and said that Mr Niland had been "robbed and assaulted".
Mr Calpin went inside where he saw his neighbour. He said: "He was so badly beaten that his eyes wouldn't even open, he was covered in blood on his face and clothes. He was basically unrecognisable."
Mr Calpin went across to Mr Niland's house where he saw blood "running down the glass of the front door", on the driveway and the road. A pair of tights or nylons lay on the driveway. He realised it was a crime scene so he left to wait for gardai, he said.
George Williams of the ambulance service in Sligo told Mr McGillicuddy that he went into the Calpin home and saw Mr Niland with a towel wrapped around his head. Mr Niland told him that he had answered his front door and was attacked by three people.
When Mr Williams removed the towel, he saw multiple injuries and trauma around Mr Niland's face, head and skull. He said Mr Niland's eyes were "completely swollen shut and he had the appearance as if he was crying blood."
Mr Niland complained of pain in his face, on his head, tongue and the right side of his chest. Given Mr Niland's age and the level of trauma, Mr Williams believed the injuries were potentially life threatening so he decided to immediately remove him to an ambulance.
Dr Martin Caldwell told Mr McGillicuddy that he was the emergency surgeon on duty at Sligo University Hospital when Mr Niland arrived.
He said Mr Niland had suffered "serious and life threatening injuries" and told him that he had been beaten and kicked at his home. He noted Mr Niland had significant swelling to his face and head and bruising to the right side of the body.
Scans revealed bleeding to the brain, a fracture to the floor of the orb of the right eye and multiple broken ribs on the right side. Despite the brain injury, doctors decided it was not necessary to send him to the Beaumont Hospital in Dublin for surgery.
Between January 20 and January 26, Mr Niland made progress and was able to sit on a chair. However, his condition deteriorated at that point and he became more drowsy. He required a ventilator to help him breathe and doctors decided to place him on life support in the Intensive Care Unit.
By early March, he had made no progress, Dr Caldwell said, and a consultant neurologist took over his care.
John Scott told Mr McGillicuddy that he was part of a group of kayakers who were heading out on Lough Easkey in Sligo four days after the alleged assault on Mr Niland. As he was placing a kayak into the water, he said he noticed something unusually square under a couple of inches of water by the side of the lake.
When he took it from the water he realised it was a wallet. He phoned a friend who is a garda and told him that the name Tom Niland was on the ID inside the wallet. He said he didn't know the significance of it at the time, but about one hour later, Gda Elaine McAndrew arrived at Lough Easkey and took possession of the wallet. Mr Scott showed her where he had made the discovery.
The trial continues before Ms Justice Eileen Creedon and a jury of eight women and four men.

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Sunday World
6 hours ago
- Sunday World
Neighbours couldn't recognise pensioner due to blood and facial injuries, court hears
A paramedic also today described Mr Niland as "crying blood" with multiple traumatic injuries to his face and skull. Pensioner Tom Niland was so badly beaten during an alleged home invasion that his neighbours did not recognise him walking along the middle of the road covered in blood, wearing odd shoes and with his eyes swollen shut, a Central Criminal Court trial has heard. Mr Niland's neighbours Anna Calpin and her daughter Fiona said they only realised it was Mr Niland when he spoke to say that he had been "robbed" by three men. A paramedic also today described Mr Niland as "crying blood" with multiple traumatic injuries to his face and skull. A surgeon from Sligo University Hospital told the trial that Mr Niland had suffered "serious and life threatening injuries" that required him to be put on life support. Mr McGillicuddy said it is the State's case that John Irving (31) of Shanwar, Foxford, Co Mayo broke into Mr Niland's house along with Francis Harman (58) of Nephin Court, Killala Road, Ballina, Co Mayo and John Clarke (37) of Carrowkelly, Ballina on January 18, 2022. It is alleged Mr Irving assaulted Mr Niland, leaving him with injuries that caused his death more than 20 months later, on September 30, 2023. John Irving arriving at Sligo Courthouse. Mr Irving faces four charges in total. It is alleged that he unlawfully killed Mr Niland at Mr Niland's home at Doonflynn, Skreen, Co Sligo. He is accused of entering Mr Niland's home as a trespasser and causing him serious harm. He is further alleged to have intentionally or recklessly caused serious harm to Mr Niland and to have falsely imprisoned him. Mr Irving has pleaded not guilty to all four charges. Anna Calpin told prosecuting counsel Tony McGillicuddy SC that she was walking around outside her home opposite Mr Niland's house with her daughter Fiona when they noticed cars slowing down on the road. They went to see what was happening and saw a man on the road. She said: "As we approached he was standing in the middle of the road with his hands out in front of him, he couldn't see anything and we didn't know who it was. "When we got closer to him, the first thing we heard was, I was robbed, and then we realised it was Tom." The witness recalled a lot of blood and said Mr Niland's face was "totally distorted," and his eyes were swollen and shut. He had a runner on one foot and a shoe on the other but neither were laced up. Tom Niland News in 90 Seconds - Monday July 14th She recalled Mr Niland telling her that his doorbell rang and when he opened the door, three men wearing masks appeared and pushed him into his hallway. He said they took his wallet which contained eight or nine hundred Euros. Ms Calpin brought Mr Niland into her home and called an ambulance and gardai. Fiona Calpin said Mr Niland was "unrecognisable" until he spoke. Anna Calpin's husband and Fiona's father, David Calpin, said he was in his workshop when Fiona came in and said that Mr Niland had been "robbed and assaulted". Mr Calpin went inside where he saw his neighbour. He said: "He was so badly beaten that his eyes wouldn't even open, he was covered in blood on his face and clothes. He was basically unrecognisable." Mr Calpin went across to Mr Niland's house where he saw blood "running down the glass of the front door", on the driveway and the road. A pair of tights or nylons lay on the driveway. He realised it was a crime scene so he left to wait for gardai, he said. George Williams of the ambulance service in Sligo told Mr McGillicuddy that he went into the Calpin home and saw Mr Niland with a towel wrapped around his head. Mr Niland told him that he had answered his front door and was attacked by three people. When Mr Williams removed the towel, he saw multiple injuries and trauma around Mr Niland's face, head and skull. He said Mr Niland's eyes were "completely swollen shut and he had the appearance as if he was crying blood." Mr Niland complained of pain in his face, on his head, tongue and the right side of his chest. Given Mr Niland's age and the level of trauma, Mr Williams believed the injuries were potentially life threatening so he decided to immediately remove him to an ambulance. Dr Martin Caldwell told Mr McGillicuddy that he was the emergency surgeon on duty at Sligo University Hospital when Mr Niland arrived. He said Mr Niland had suffered "serious and life threatening injuries" and told him that he had been beaten and kicked at his home. He noted Mr Niland had significant swelling to his face and head and bruising to the right side of the body. Scans revealed bleeding to the brain, a fracture to the floor of the orb of the right eye and multiple broken ribs on the right side. Despite the brain injury, doctors decided it was not necessary to send him to the Beaumont Hospital in Dublin for surgery. Between January 20 and January 26, Mr Niland made progress and was able to sit on a chair. However, his condition deteriorated at that point and he became more drowsy. He required a ventilator to help him breathe and doctors decided to place him on life support in the Intensive Care Unit. By early March, he had made no progress, Dr Caldwell said, and a consultant neurologist took over his care. John Scott told Mr McGillicuddy that he was part of a group of kayakers who were heading out on Lough Easkey in Sligo four days after the alleged assault on Mr Niland. As he was placing a kayak into the water, he said he noticed something unusually square under a couple of inches of water by the side of the lake. When he took it from the water he realised it was a wallet. He phoned a friend who is a garda and told him that the name Tom Niland was on the ID inside the wallet. He said he didn't know the significance of it at the time, but about one hour later, Gda Elaine McAndrew arrived at Lough Easkey and took possession of the wallet. Mr Scott showed her where he had made the discovery. The trial continues before Ms Justice Eileen Creedon and a jury of eight women and four men.


Sunday World
10 hours ago
- Sunday World
Dublin man raped sleeping partner and was caught trying to strangle her
Patrick Ward pleaded guilty to one count of raping her in her apartment on a date between April 28, and May 4, 2024 and has been jailed. A man who raped his partner when she was sleeping and was caught by gardaí in the act of trying to strangle her has been jailed for 10 years. Patrick Ward (36), of no fixed abode in Dublin 1, regularly self-harmed and made suicide attempts in front of the woman in an attempt to control her, the Central Criminal Court heard. Patricia McLaughlin SC, prosecuting, indicated to the court that the woman wishes for Ward to be named in reporting the case but does not want to be named herself. Counsel said the woman is confident naming him will not identify her. Ward pleaded guilty to one count of raping her in her apartment on a date between April 28, and May 4, 2024. Ms McLaughlin told the court this plea was acceptable to the Director of Public Prosecutions (DPP) on a full facts basis. Ward has 98 previous convictions, including for sexually assaulting a woman and a teenage girl while they were sleeping in two separate incidents. The Central Criminal Court (stock photo) News in 90 Seconds - Monday July 14th The court heard that Ward and the woman (41) met in 2023 and he moved into her apartment shortly afterwards. The court heard the man was a registered sex offender and failed to notify gardaí about his change of address. He had recently been released from a lengthy prison sentence for one of the sexual assault matters. The court heard that on May 21, 2024, gardaí responded to a 999 call for help. They arrived at the apartment and find Ward on top of the woman, strangling her. He was arrested at the scene. The woman had walked into a city centre garda station earlier that day to state she was in fear of Ward, but she was put out of the station for smoking. When she returned home to her apartment, Ward started attacking her, and she managed to call 999. When the woman made a statement to gardaí following the man's arrest, she outlined a history of abuse, including that Ward would regularly threaten suicide and self-harm himself in front of her. She also outlined an incident of rape that had occurred a few weeks prior. In relation to this incident, the court heard that she became aware that Ward had raped her when she was sleeping after she found a video recording of it on his phone. She forwarded it to herself before he deleted it. The court heard that in the sexual assault case involving the teenage girl, Ward broke into her property and she awoke to him assaulting her. The sexual assault involving the woman occurred while she was sleeping beside her small child. Ward also has previous convictions for harassment of a former partner, theft, criminal damage, burglary and public order offences. In a victim impact statement which she read out in court, the woman said she struggles with anxiety and night terrors and that she lost her apartment and her job as a result of the trauma inflicted on her. 'Every day is a struggle as I try to understand - how could your boyfriend that you trusted at the time, rape you while you're asleep?' she said. 'Two weeks later, he strangled me. I thought I was going to die. I don't think this is something I will ever get to understand.' She said she feels humiliated and disgusted by his actions and that the images she saw when he self-harmed in front of her will never leave her. Under questioning from defence counsel, Daniel O'Connell BL, the woman said she was unaware of the extent of the Ward's criminal history. 'If I knew that he was doing that to women when they were asleep, I would not have felt comfortable,' she said. The garda agreed with defence counsel that the couple had a turbulent relationship with substance abuse issues. She acknowledged that his client had a difficult upbringing and that he has suffered with his mental health for many years having first suffered with depression at the age of 17. In his plea of mitigation to the court, Michael Lynn SC, defending, asked the court to consider that his client is 'on the cusp now' and at a juncture in his life where he has demonstrated a change in mindset and a desire to rehabilitate. Counsel said this was evident by Ward's plea of guilt and remorse which his psychologist is confident is credible. 'He realises now that he needs to change his lifestyle completely to change his life,' Mr Lynn submitted adding that Ward is on enhanced status in the prison. Sentencing Ward today/yesterday (MON) Ms Justice Greally said the rape was committed for Ward's sexual gratification and that he strangled the woman out of anger and to impose control over her. She said the offence warranted a headline sentence of 16 years taking into account the 'immense breach of trust involved' and the fact that offences occurred in the woman's home. Ms Justice Greally also noted from the victim impact statement the detrimental consequences for the woman, including the loss of her home and occupation. The judge noted that the woman felt 'humiliated, exposed and degraded' and that she felt she was going to die when Ward was strangling her. Her mental health has deteriorated as a result. Ms Justice Greally acknowledged that Ward grew up in a difficult environment where abuse of alcohol was the norm. She acknowledged that he has since demonstrated remorse and has accepted responsibility but she noted that reports before the court indicated that Ward has 'limited insight into intimate partner violence and the impact of it'. Ms Justice Greally reduced the headline sentence to 11 and half years taking into account the mitigating features of the case including Ward's plea of guilty, admissions, the remorse which the judge said he has expressed in multiple ways and a positive report from the governor of the prison. The judge suspended the final 18 months of the sentence on strict conditions including that Ward engage with the Probation Service for 18 months and undergo any courses as recommended by them. She also ordered him not to have any contact either directly or indirectly with the woman or members of her family for the next 40 years.


Sunday World
10 hours ago
- Sunday World
Retired boxer awarded €29k for Garda who crashed into him after breaking red light
Derek McGee had been hit at 'some speed and force' by the State-owned Garda vehicle. A retired boxer, said to have suffered multiple rib fractures in the ring, has been awarded €29,000 damages against the gardai who crashed into him after the State-owned car had broken a red light. Judge John Martin said he accepted Derek McGee must have been hit at 'some speed and force' for the Garda vehicle to have written off his commercial Range Rover. Barrister Conor Kearney, who appeared with Chris Horrigan of Blake Horrigan solicitors for Mr McGee, told Judge Martin that liability had been accepted by the State Claims Agency and the court was being asked to assess compensation for his client. garda chase News in 90 Seconds - Monday July 14th McGee, (40) of Landen road, Ballyfermot, Dublin, said that on 9th December 2022, he had been driving at Temple Street, West Dublin, when he had been struck by a garda car that had been driving along the Luas line and had struck his vehicle after having passed through a red light. He said he had the benefit of a green light at the time and his Range Rover, which had been struck on the driver's side, had afterwards been assessed and had been considered no longer roadworthy following the crash. All airbags had deployed in the accident. Mr McGee said he had suffered injuries to his back and neck and, in cross-examination by counsel for the Ministers for Justice and Finance and the Commissioner of An Garda Siochana, denied that a lot of his pain had arisen from multiple fractures to his ribs which he admitted he had suffered while boxing. Judge Martin said the court accepted Mr McGee had been involved in a heavy accident and had suffered pain in his neck and back, some of which persisted and which were entirely consistent with the incident. 'Mr McGee was not in the best of financial positions and I accept he could not afford physiotherapy and the cost of being in and out of doctors' clinics,' Judge Martin said. The judge said that in line with official guidelines for compensation he considered an award of €20,000 as appropriate for Mr McGee's back injury which he uplifted by €9,000 for the injury to his neck. He awarded Mr McGee his legal costs against the defendants.