Murder accused 'was with married woman on night of stabbing'

A Dublin man accused of murder told gardaí he was with a married woman on the night of the alleged murder the Central Criminal Court heard today.

Brian Rattigan (aged 28), Cooley Rd, Drimnagh, Dublin, has pleaded not guilty to the murder of Declan Gavin (aged 21) Mourne Rd, Driminagh, at Crumlin Rd, Crumlin on August 25, 2001.

It is the prosecution’s case that Mr Rattigan got out of a Nissan Micra that pulled up outside Abrakebabra fast food outlet at the Crumlin shopping centre before he "made for Declan Gavin" with a knife.

Det. Gda Marcus De Long of the National Bureau of Criminal Investigation in Harcourt Square, told Ms Pauline Walley SC, prosecuting, that he interviewed Brian Rattigan on the 4th and 5th of September, 2001.

When asked by Det. Gda De Long where he was on the night Declan Gavin was stabbed Mr Rattigan replied: "I was with a married woman whose fella was away."

Mr Rattigan refused to reveal the identity of the married woman telling the gardaí they could find her themselves.

When it was to put to Mr Rattigan that a lot of people had witnessed the stabbing that night he replied: "They can say what they like but they will have to say it all in court."

When asked by gardaí if he had ever been in Shane Maloney’s Nissan Micra or if he was in that car on the night of the alleged murder, Mr Rattigan said he couldn’t remember.

Mr Rattigan told gardaí he had not been to Abrakebabra in the Crumlin shopping centre for a few months.

He said: "I wasn’t near the place for a few months about four months."

When Mr Brendan Grehan SC, defending, put it to Det Gda De Long that Mr Rattigan had "no recollection" of saying he had not been to Abrakebabra in four months, Det. Gda De Long replied: "That was the answer that was recorded."

Susan O’Toole told the court that her ex-boyfriend, Shane Maloney, bought her a Nissan Micra in May 2001.

Ms O’Toole said the car was a Japanese imported model in ''an unusual goldy colour".

The witness told the court that her four-year relationship with Mr Maloney ended five weeks after he had given her that car and a week after the relationship ended she returned the car to him.

Mr Shane Costello BL, prosecuting, asked Ms O’Toole if she could remember any of the friends Shane Maloney used to hang around with.

Ms O’Toole replied: "He used to be with Brian Rattigan and a few other people."

The trial continues before Mr Justice George Birmingham and a jury of eight men and four women.


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