The family of a 75-year-old man who was beaten and robbed by three men at his home and later died from his injuries has told the Central Criminal Court he was unrecognisable after the attack.
Tom Niland from Sligo was put on life support following the attack in January 2022, but died from his injuries 20 months later.
In victim impact statements read to the Central Criminal Court, Mr Niland’s cousins described their shock at seeing him fight for his life in hospital in the months following the incident.
The statements were read by gardaí during a sentence hearing for 58-year-old Francis Harman, of Nephin Court, Killala Road, Ballina, Co Mayo, and 37-year-old John Clarke, of Carrowkelly, Ballina who pleaded pleaded guilty to manslaughter.
A third man, 31-year-old John Irving from Shanwar, Foxford, Co Mayo changed his plea to guilty on the fifth day of his trial earlier this year.
In a victim impact statement, Mr Niland’s cousin Michael Kelly said he remained haunted by the recurring thought of three men bursting through Mr Niland’s door, and the “fear and terror at losing his life that he must have endured”.
He said he did not recognise his cousin when he first visited him in hospital and walked past his hospital bed.
“It took all my strength to contain my reaction. I felt ashamed I could not tell him he did not look too bad to make him feel better…I just held his hand to let him know I was there.”
‘Cruelly torn away’
Mr Walsh described his cousin’s death as leaving a void that could not be filled and robbing his family of a future with Mr Niland. He said his joy and warmth had been “cruelly torn away” and they were left with emptiness and sorrow.
A statement read on behalf of his cousin, Sandra Culkin, said Mr Niland had been completely independent man who lived on his own and was a treasured member of the community. She said he was quiet and soft spoken, a devout Catholic who never caused anyone any harm and went out of his way to help others.
She said he was robbed of his independence and ultimately his life. She described seeing him “suffering for 20 months in hospital, struggling to breathe with tears rolling down his face”.
She called for “the perpetrators of this cruel and vicious act” to receive a sentence which reflects the effect of the ordeal on all, and the magnitude of it.
Earlier, Inspector Paul Kilcullen from Sligo told prosecuting counsel Tony McGillicuddy the three men went to Mr Niland’s home between 6pm and 7pm at Doonflynn, Skreen, Co Sligo on 18 January, 2022.
CCTV showed they had earlier carried out a reconnaissance mission and identified the home of Mr Niland, who lived alone.
While he was still alive, Mr Niland told gardaí he answered the door to the men who pushed their way into his house and began punching and kicking him while shouting at him and demanding money. They stole money from his pocket, the house was ransacked and kitchen cabinets were pulled apart.
Mr Niland said they continued to punch and kick him as he lay on the ground and he eventually lost consciousness.
When he regained consciousness, he tried to walk to a neighbour’s house but was stumbling because his shoelaces had been tied together.
Neighbours saw him on the road but did not recognise him such was the extent of his injuries, the court was told.
Doctors at Sligo University Hospital discovered bleeding to Mr Niland’s brain, a fracture to his right eye socket and multiple rib fractures. They described his injuries as similar to those which might be inflicted from a head-on crash or a fall from a ladder.
Although he showed early signs of progress, he was put on a ventilator in intensive care eight days after the assault and did not recover.
He was pronounced dead on 30 September, 2023, aged 75.
The cause of death was stated as complications of blunt force trauma to the head. The three men were identified through CCTV and DNA evidence.
Accused have a number of previous convictions
The court was told that John Irving has 57 previous convictions and was previously arrested in connection with two other similar attacks on elderly men although he denied any direct involvement while admitting being in the company of those who carried out the attack.
He has convictions for burglary, theft, arson, criminal damage, endangerment and possession of knives and road traffic convictions. He also has a conviction for possessing a phone while in custody.
John Clarke has 22 previous convictions including one for theft, one for drugs and the remainder for road traffic offences.
Francis Harman has 27 previous convictions including theft, drugs, burglary, endangerment, criminal damage and a treat to kill.
Mr McGillicuddy said the DPP viewed the case as at the highest level of culpability, warranting a sentence of between 15 and 20 years.
Defence counsel for the three defendants made submissions in mitigation to Mr Justice Paul McDermott and asked the court to take into account their guilty pleas.
They also offered apologies on behalf of their clients.
The men will be sentenced on Thursday.
