Thomas Dooley attack ‘was carried out with murderous ferocity’, Kerry murder trial told

“Thomas Dooley was attacked by a group, attacked with a focused ferocity. They did exactly what they armed themselves to do — inflict injuries of the most grievous kind, inflict injuries most brazenly in broad daylight, right in front of the deceased man’s four children.

“Thomas Dooley, the deceased, had not offered the slightest provocation. He had not opened his mouth or raised his hand. It was carried out with murderous ferocity and murderous intent.” 

Mr Kelly said prejudice against the travelling community was an elephant in the room but the DPP wanted no such prejudice in the jury’s consideration of the evidence in this trial.

Five men and one teenager pleaded not guilty to the murder of 43-year-old Tom Dooley at the funeral at Rath Cemetery in Tralee as the judge advised those called for jury service that the case could go on until the end of July.

Prosecution opening speech

Mr Kelly said in his opening speech in the trial that what he was saying was not itself evidence but an outline of what he expected the prosecution evidence would be.

“What cannot be disputed is that Thomas Dooley was a thoroughly decent man, a loving husband and father (of seven children). On October 5, 2022, he was at the funeral of Bridget O’Brien and this killing took place at her funeral. She was well-known, well-liked and well-regarded in the town of Tralee and there was a large crowd attending at that funeral. There was a large group of people waiting for the cortege (to arrive at the cemetery).

“The Dooley family — Thomas and his wife and their four youngest children (aged 15 to eight) — were there at the time. They parked at Kelleher’s garage, directly across the road from the cemetery. They arrived having not been to the church. Within a matter of moments he was set upon by males, most of whom were armed.

“He received a range of injuries, in particular a number of stab wounds and other significant injuries due to the unstinting violence and savagery with which he was attacked.” 

Mr Kelly SC referred in particular to a spinal injury resulting in spinal shock, a stab wound to his thigh and a ‘chop’ wound to his right arm measuring 25cms. He said the deceased man’s wife Siobhán suffered a savage wound to her back, resulting in one of the defendants being charged with causing her serious harm.

“Siobhán and her children fled the cemetery within seconds of the attack… There was little enough hope for him (the deceased) from the moments after this attack… He was pronounced dead within an hour.

“It is not the prosecution case that I can say whose hand was on the blade when it was driven into Thomas Dooley’s back, whose hand was on the blade that inflicted the chop wound. 

We don’t say we can identify that hand. We say we can identify the men acting as a single murderous gang. They carried out their role side by side, cheek by jowl.

The trial opened before Ms Justice Mary Ellen Ring at the Central Criminal Court sitting in Cork. The jury, including three substitute members, consists of 13 men and two women. Swearing in of the jury was completed on Tuesday in a case expected to last until the end of July.

The defendants were arraigned individually and each one replied not guilty to the murder of 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, 43, from the halting site, Carrigrohane Road; Thomas Jnr, 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, face trial, as does the sixth defendant who is a teenager. Patrick is the brother of the late Tom Dooley.

Only 21-year-old Thomas Dooley Jnr faces the second charge that he intentionally or recklessly caused serious harm to Siobhán Dooley, the wife of the deceased man. There was also a not guilty plea in respect of this count.