Jury shown CCTV of Tom Niland at shop two hours before alleged assault that led to death
A jury has viewed CCTV footage showing 73-year-old Tom Niland walking into a shop near his house in Sligo about two hours before it is alleged three men broke into his home and assaulted him, leaving him with injuries that caused his death 20 months later.
Garda Niall McDonald told Tony McGillicuddy SC, prosecuting, that he created a montage from hours of footage downloaded from various CCTV systems in Sligo and Mayo following the assault on Mr Niland on January 18, 2022.
Gda McDonald described the movements of a white van travelling around Dromore West and Ballina that morning and afternoon. He said the van appeared to be a Vauxhall Vivaro and he pointed out distinctive characteristics, including a yellow number plate, writing on the side and a green stain on the roof.
Just after 1.30pm, a van with those markings pulled into Casey's garage in Ballina. The garda identified the driver as Francis Harman (58) of Nephin Court, Killala Road, Ballina Co Mayo and the passenger as John Clarke (37) of Carrowkelly, Ballina.
Mr McGillicuddy previously told the jury that the prosecution intends to prove that Mr Harman, Mr Clarke and the man currently on trial, John Irving (31) of Shanwar, Foxford, Co Mayo, assaulted Mr Niland later that evening, leaving him with fatal injuries. It is further alleged that they stole Mr Niland's wallet.
At Casey's, Gda McDonald said Mr Clarke put fuel into the van before entering the shop. From footage inside the shop, the garda said Mr Clarke can be seen attempting to buy cans of alcohol at the till, but then returning the cans to the off-licence section of the store. He said Mr Harman entered the shop and engaged with staff and the manager before leaving and driving off in the van.
At 4.35pm, Gda McDonald said Mr Niland arrived at Feeney's Centra in Dromore West, about 7.5 kilometres from his home. He parked his car and went into the shop, stopping to speak to a man on the way in.
Between 6pm and 7pm, the prosecution alleges that Mr Irving, Mr Harman and Mr Clarke broke through Mr Niland's door, assaulted him and left.
Gda McDonald said at 6.01pm a van similar to the one driven earlier by Mr Harman with Mr Clarke in the passenger seat did a U-turn at an agri-store and travelled towards Mr Niland's house, which was nearby. The van was not seen again on cameras further along the same road, the garda said.
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 by assaulting him on January 18, 2022.
Mr Irving 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.
Mr Niland was admitted to hospital after neighbours discovered him crossing the N59 covered in blood and with his eyes swollen shut.
A doctor has told the jury that Mr Niland suffered bleeding to the brain, a fracture to the orb of his right eye and multiple fractures to the ribs on the right side. Despite initially making progress in hospital, he deteriorated on January 26 and required a ventilator to breathe.
He died on September 30, 2023, aged 75.
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