Galway farmer Michael Scott has been found not guilty of the murder of his elderly aunt by running her over with a teleporter following a long running dispute about land but guilty of her manslaughter.
The jury in Michael Scott’s trial did not hear evidence that Chrissie Treacy told “the entire community” that Michael Scott was responsible for the disappearance of her beloved dog, Bradley.
During a pre-trial hearing without the jury present, prosecution counsel Dean Kelly told the court that following Bradley’s disappearance in February 2018, about two months before she died, Ms Treacy told “the entire community that her dog was gone, she was tremendously upset and squarely blamed Michael Scott for the departure or death of the dog”.
The trial heard that Bradley, an overweight Jack Russell who slept on a cushion on the couch or in a bed under the range in Chrissie’s kitchen, was like a child to Ms Treacy and she was so devastated at his disappearance that she required medication.
Days after Bradley went missing, Ms Treacy told her friend Regina Donohue that Michael Scott asked her: “What would it be worth to you to get the dog back?” Ms Donohue was not allowed to tell the jury about the question because the trial judge ruled as inadmissible the hearsay statements of the deceased.
Ms Treacy also confided in agricultural consultant Declan McHugh before Bradley’s disappearance that she feared what Scott would do to her or to the dog. During the same hearing, Mr Kelly outlined a statement by Mr McHugh that Ms Treacy “feared for her life and for her dog, Bradley”.
Ms Justice Caroline Biggs ruled that witnesses could say what they perceived from Ms Treacy’s demeanour and if they directly witnessed abuse by Scott. But they could not tell the jury what Ms Treacy had told them as that would be hearsay and is therefore inadmissible.
The jury was also unaware that on the first day that Ms Donohue gave evidence, as she was leaving the witness box Scott called her a “c**t” as she walked past him.
Scott did not deny saying it and his barrister Paul Greene SC accepted it was “wholly inappropriate, wrong and shouldn’t have happened”. He said he had made Scott aware of his obligations as a person on bail on a murder charge and asked the court not to revoke his bail because of the difficulties that would create for the defence team in providing advice to Scott and receiving instructions.
Ms Justice Caroline Biggs told Scott: “Calling anyone a name like that is disgraceful; you should be ashamed of yourself. You are a very foolish man; on bail for a murder charge. I was going to put you into custody because I have a duty to protect witnesses in this court and ensure they are treated with respect and courtesy.”
She did not put him in custody because of the appeals by his lawyer, but the judge warned Scott: “If you do that again, if you look at a witness to intimidate them or treat them with disrespect, you will go into custody regardless of the repercussions.”
When Ms Donohue returned to the stand, the judge apologised to her for the insult and said: “I’m sorry that you had to experience that. Giving evidence is difficult enough without having to deal with that insult.”
During legal argument early on in the trial, lawyers for Scott revealed concerns about details contained in the statements of witnesses who were to give evidence in the trial.
In particular, they referred to a “historical allegation” that Scott “took efforts to frustrate efforts” by his uncle Willie Treacy to attend a solicitor’s office to make a will about two weeks before Willie Treacy died.
The allegation was contained in the statement of an agricultural consultant who had worked with the Treacy family for many years.
Having died intestate, Willie’s share of the Derryhiney land was split between his one surviving sister, Chrissie Treacy, and the children of his deceased sister, Maureen – Michael Scott’s mother.
The Scott siblings entered an arrangement whereby Michael Scott ended up in joint ownership of the Derryhiney land with his aunt, Chrissie.
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