The trial is continuing at Limerick Circuit Court
A well-known businessman has described how his brother threatened to blow his brains out after informing him he had a bullet for his head.
William Fitzgerald (53) who operates Fitzgeralds Waste Management, was giving evidence in the trial of his brother, who has pleaded not guilty to several charges relating to incidents at the company’s yard at Timaru, Rathbane North two years ago.
Daniel Fitzgerald, aged 46, who has an address at Sunnyheights, O’Malley Park, Southill is accused of threatening to kill his brother during separate incidents on June 7, 2016 and June 8, 2016.
He is also charged with assault and with endangering both William Fitzgerald and his son, Tommy Fitzgerald (23) by driving his white Toyota Dyna pick-up truck directly at them on June 8, 2016.
Garda Josephine Falvey told the jury of nine men and three women that she attended the company’s premises at around 12.30pm on the day of the second incident.
She said William Fitzgerald had “marks across his chest and legs” and that his son, Tommy, was bleeding as he had sustained a cut to his elbow.
Both men subsequently attended St John’s Hospital and Garda Falvey contacted the defendant and made arrangements for the Toyota Dyna to be photographed and forensically examined.
In his evidence, William Fitzgerald said there had been a dispute between him and his brother who was an employee of the company at the time.
The dispute, he said, related to untrue allegations – made by Daniel Fitzgerald – relating to a family will.
He said on June 7, 2016 he was “painting skips” in the yard when his brother approached him in what he said was an “awful temper”.
The witness said Daniel Fitzgerald was “effing and blinding” and told him he had a bullet for his head and that he would “blow my brains out”.
Being questioned by John O’Sullivan BL, prosecuting, he said there was a physical altercation between him and his brother at lunchtime the following day.
He described how after informing him he was “going out sick” Daniel Fitzgerald got out of his truck and ran towards him.
“He got out, he turned red and he ran towards me shouting I’m going to kill you.”
William Fitzgerald told the jury his brother then punched him in the jaw at “point blank range” and that he also kicked him “in the privates”.
After getting back into the Toyota Dyna, he alleged the defendant then turned the vehicle around and drove directly at him and his son.
“He ran over us, we were under the vehicle. I was underneath looking up at the bottom of the vehicle,” he said.
At this point, the jury was told, other family members intervened and Daniel Fitzgerald left the company’s premises.
William Fitzgerald is due to continue his direct evidence this Friday before being cross-examined by lawyers representing the defendant.
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