Three men plead guilty to unlawful killing of Tom Niland

Eoin Reynolds

Five days into his trial for the unlawful killing of 73-year-old Tom Niland, who was beaten in his home and left to die by three men, John Irving changed his plea to guilty on Thursday.

Irving (31) became the third person to plead guilty to manslaughter over the death of Mr Niland, who suffered brain injuries, a fracture to his eye socket and multiple rib fractures following the assault. He was put on life support but died from his injuries 20 months later.

His attackers took his wallet containing €800 or €900 and went to Casey's garage in Ballina, Co Mayo, where they paid for petrol and goods in cash.

They had left the same garage just hours earlier, unable to pay for diesel, they had already put into their Vauxhall Vivaro van.

Francis Harman, the driver of the van, had told the garage owner that he would be back later to pay for the fuel.

After Irving, of Shanwar, Foxford, Co Mayo, pleaded guilty this morning to Mr Niland's unlawful killing, Ms Justice Eileen Creedon discharged the jury which had been hearing evidence in the trial.

It can now be reported that Francis Harman (58) of Nephin Court, Killala Road, Ballina, Co Mayo and John Clarke (37) of Carrowkelly, Ballina, pleaded guilty to the same offence last week.

Irving was further charged with entering Mr Niland's home as a trespasser and causing him serious harm, intentionally or recklessly causing him serious harm and false imprisonment. However, the Director of Public Prosecutions indicated that the guilty plea to manslaughter meets the prosecution's case.

Ms Justice Eileen Creedon adjourned the matter to October 13th. She also ordered victim impact statements from the Niland family and probation and psychological reports for Irving.

Irving's barrister, Patrick Gageby SC, said his client was anxious to apologise to the court and jury for taking up their time.

The three men broke into Mr Niland's home between 6pm and 7pm at Doonflynn, Skreen, Co Sligo on January 18th, 2022.

They assaulted him, took his wallet and drove to Lough Easkey, where they disposed of gloves, the wallet and other items that might link them to the crime.

Shortly after 7pm, having been assaulted, Mr Niland was able to get up and walk towards the home of his neighbours, the Calpins, living across the N59.

Anna Calpin told Mr McGillicuddy that she was in her garden with her daughter when they went to see why cars were slowing down on the road.

She said: "As we approached, he [Mr Niland] 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, telling the court that his face was "totally distorted" while his eyes were swollen and shut. He had a runner on one foot and a shoe on the other, but neither one was laced up.

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 containing €800 or €900. Ms Calpin brought Mr Niland into her home and called an ambulance and gardaí.

Ms Calpin's husband, David Calpin, said he was in his workshop when his daughter came in and said that Mr Niland had been "robbed and assaulted".

When he saw his neighbour, he recalled: "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 gardaí, he said.

George Williams of the ambulance service in Sligo told the trial that Mr Niland had multiple injuries and trauma to the 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 the trial 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" with 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.

The following days

Between January 20th and January 26th, 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.

A doctor who had yet to give evidence in the trial was expected to say that Mr Niland suffered injuries similar to what you would see in a head-on crash or if a person had fallen from a ladder.

The court also heard that State Pathologist Dr Heidi Okkers had found the cause of Mr Niland's death to be complications due to blunt force trauma to the head as a result of the assault.

John Scott was among the witnesses to give evidence. He said that he was part of a group of kayakers who were heading out on Lough Easkey in Sligo four days after the 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.

Gardaí then searched the area and discovered gloves nearby. One glove revealed DNA matching Harman and Clarke, with Mr Niland's blood on the outside. Another glove had Irving's DNA inside and Mr Niland's blood on the outside.