A man accused of murdering a popular 60-year-old musician had heroin delivered to the victim's house after the stabbing, a prosecution barrister reminded a Central Criminal Court jury today.
Counsel for the prosecution Paul Murray SC, in his closing speech, told the jury of eight men and four women, that Keith Brady decided consciously and intentionally after the death of Martin Kivlehan to get drugs delivered to the house and to lie to gardaí repeatedly.
Keith Brady, 32, of Cartron Estate, Sligo is charged with murdering Martin 'Matt' Kivlehan on August 2 or 3, 2015, at Mr Kivlehan's home at New Apartments, Holborn St, Sligo.
Mr Brady has pleaded not guilty to murder but guilty to manslaughter.
Mr Murray told the Central Criminal Court today it is suggested that Mr Brady could not have had intention to kill or cause serious harm to Mr Kivlehan because of his level of intoxication due to alcohol and drugs consumption on the night in question.
However, Mr Murray said Mr Brady was “well able” to make a myriad of other decisions before and after the killing that were “deliberate and intentional”.
He told the jury Mr Brady stayed at the scene in the aftermath of Mr Kivlehan’s death while a knife was placed next to the victim’s neck and a duvet put over him to make it look like suicide.
“Mr Brady didn’t stop that – that was a decision”, Mr Murray said.
The jury were told evidence suggests there was a change of knives.
Mr Murray said there were two knives, the one found at the neck of Mr Kivlehan and a larger knife in the kettle area, which had blood on it, which was heard in evidence to most likely have been the knife used in the killing.
The State Counsel told the jury that was a decision to swap knives and Mr Brady did not stop it.
Mr Murray said: “Not calling the emergency service; that is a decision.
“Not calling gardaí; that is a decision.
“There were lots of decisions.”
Mr Murray said Mr Brady made a decision “knowingly, deliberately, intentionally and consciously” to not leave after the death of Mr Kivlehan and to phone a drug dealer so he could get heroin brought to the house.
Counsel said the next day Mr Brady intentionally changed the clothes he was wearing on the night of the killing but told gardaí he was wearing the same clothes.
Mr Murray said the accused was also able to make intentional decisions after he was arrested.
“He hadn’t ceased to be a heroin addict”, Mr Murray added.
Counsel told the jury he was capable of deciding to avail of questioning to be suspended; to refuse a swab test; to nominate a solicitor, request a doctor and say the doctor was wrong when he was twice deemed him fit to be interviewed.
Mr Murray said that as a heroin addict within withdrawal, the accused was able to lie to gardaí “time and time again”, telling them he didn’t kill Mr Brady.
Counsel for the State also said Mr Brady was able to function and made “decision after decision after decision, deliberate, intentional decisions” before Mr Brady was killed.
He was “well able” to make his way to several locations around town before going to Mr Kivlehan’s flat on August 3 2015.
The Counsel for the State said Mr Kivlehan had mobility issues due to physical problems with his legs and a problem with alcohol.
Mr Murray said evidence from toxicology results showed Mr Kivlehan had impaired reaction both mentally and physically on the night he was killed due to the level of alcohol in his system.
Mr Kivlehan was 5'5" and 60 years old while Mr Brady was 28 at the time of the killing and 5'11", the jury were told.
Mr Murray said that evidence shows Mr Kivlehan stood no chance of survival whatsoever on the night of his death due to his level of intoxication, physical issues and the age and height deferential between the two men.
Mr Murray told the jury there were two stab wounds - not one - and the wounds were to the neck; a vital area of the body rather than a part such as his leg.
Counsel said there were no stab wounds to any other area, there were no exit points and that they were stab wounds rather than slash wounds.
He said it was confirmed by Dr Michael Curtis that the stab wounds were downwards into the body, while a knife and not a sharp object like a piece of glass was used to inflict the wounds.
He said: “Individually but also collectively these show compelling evidence that Mr Brady on the night in question knew exactly what he was doing.”
The trial continues in front of Mr Justice Alex Owens on Monday.