A number of black males, claiming to be friends of a 15-year-old Nigerian boy who was stabbed on Good Friday two years ago, were in a “highly agitated and aggressive state” when gardaí arrived at the scene, a Central Court jury has heard.
Garda John Santry, who was one of the first gardaí at the scene of the murder of Toyosi Shittabey in Mulhuddart on April 2, 2010, told prosecuting counsel Mr Brendan Grehan that several times he had to ask the group to step away from the body of Toyosi while gardaí and ambulance crew attended to him.
It was day five of the trial of Michael Barry (aged 26) of Pigeon House Road, Ringsend in Dublin 4 who has pleaded not guilty to the murder of Nigerian teenager Toyosi Shittabey (aged 15) on April 2, 2010 at The Boulevard, Mount Eustace in Tyrrelstown, Dublin 15.
Mr Barry has also pleaded not guilty of producing a baseball bat in the course of a dispute.
It is the prosecution's case that Michael's brother Paul, who is now deceased, inflicted the stab wound on Toyosi but that Michael was an accessory to the murder, following what has been described as a row with racial undertones.
Garda Santry said he saw a young black teen lying on the roadside with his body on a grass verge and his legs on the road.
“There was a number of young black males and young white females around him and people there were getting agitated and angry,” said Gda Santry.
He said he and a number of other gardaí and an off-duty nurse commenced CPR on Toyosi but that he was non-responsive.
“Several times were had to keep members of the public away as they were highly agitated,” he said.
He said later in the evening a large group of black teens tried to gain access to James Connolly Memorial Hospital where Toyosi was brought to after the stabbing.
Under cross-examining by defence barrister Mr Ronan Kennedy, BL, Gda Santry agreed that some of the black youths were “interfering with attempts to resuscitate” Toyosi at the scene.
“I think some tried to help by placing something over the wound but on several occasions we had to ask them to step away and they were highly agitated,” said Gda Santry.
He said the youths had to be “forcefully removed” from the hospital and emergency assistance was called when they refused to leave.
He said that although some of the events at the hospital were captured on CCTV he was not sure whether some of the black youths became involved with someone else in the waiting room.
Garda Kevin Woods gave evidence that later in the night, a large crowd gathered outside the house of Paul Barry's in Mount Garrett Rise, including a number of black youths.
“These people were aggressive and in a distressed state but they eventually moved on after garda intervention,” said Gda Woods.
Garda John Mulcahy said a similar group attempted to gain access to Mount Garrett Rise the following morning.
“The group was disorderly on the night of the stabbing and a similar large group arrived at Mount Garrett Rise at around 11.10am the following morning.”
A brother of Paul Barry's partner Colette has told counsel he received a call from his sister to attend her house at Mount Garrett Rise.
Brian Murphy said as he drove along The Boulevard he saw gardaí and a boy “who looked like he was asleep” lying on the roadway. He said when he got to his sister's house he had a conversation with Michael and Paul Barry and he noticed Michael had red scuff marks on his head.
“They told me to go around and get the gardaí and bring them back to the house as Michael had mentioned his phone was stolen and they were beaten up,” said Mr Murphy.
He said he drove around to The Boulevard and asked gardaí to follow him back to the house where gardaí spoke with the Barry brothers.
The trial continues before Mr Justice Barry White and a jury of seven men and five women.
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