Friends of Toyosi were ‘highly agitated’ at scene

A number of males, claiming to be friends of a Nigerian teenager 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 Criminal Court jury has heard.

Garda John Santry, one of the first gardaí at the scene of the murder of Toyosi Shittabey, aged 15, in Mulhuddart on Apr 2, 2010, told prosecuting counsel Brendan Grehan he had to ask the group several times to step away from the body while gardaí and ambulance crew attended to him.

Michael Barry, aged 26, of Pigeon House Rd, Ringsend, Dublin, has pleaded not guilty to the murder of Toyosi Shittabey on Apr 2, 2010, at The Boulevard, Mount Eustace, Tyrrelstown, Dublin. Mr Barry has also pleaded not guilty of producing a baseball bat during 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 teenager 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 Garda 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 we had to keep members of the public away as they were highly agitated,” he said.

He said later in the evening a group of teenagers tried to gain access to James Connolly Memorial Hos-pital, where Toyosi was brought after the stabbing.

Under cross-examining by defence barrister Ronan Kennedy BL, Garda Santry agreed that some of the youths were “interfering with attempts to resuscitate” Toyosi at the scene.

He said the youths had to be “forcefully removed” from the hospital and emergency assistance was called when they refused to leave.

Garda Kevin Woods gave evidence that later in the night, a crowd gathered outside Paul Barry’s house.

A brother of Paul Barry’s partner Colette told the trial he received a call from his sister to attend her house.

Brian Murphy said that, 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 to the Barry brothers.

The trial continues before Mr Justice Barry White.


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