The time the picture was taken was logged on his new Nokia phone as 7.32am on December 28, 2005, a week before he was killed by Wayne O’Donoghue, 21, of Ballyedmond, Midleton, Co Cork. O’Donoghue admits manslaughter but denies murder.
The poster bearing the words, “Student Crossing”, showed a cartoon version of a black and amber road sign with a figure crawling across a road on all fours carrying a pint glass.
At Midleton Garda Station on January 17, in the last interview of the accused by the gardaí, Detective Sergeant Brian Goulding questioned O’Donoghue about the picture found on Robert’s phone.
“Did you ever take a photo of that poster and send it to Robert Holohan’s mobile phone?” he asked.
The accused replied: “I never did but I witnessed him taking that picture himself and there was also someone else in the room while he took that picture.”
After another brief exchange, the detective asked: “OK, do you remember Robert Holohan taking a picture of that poster in your bedroom?”
Wayne O’Donoghue replied: “Yes.”
Det Sgt Goulding asked: “OK, when did he take that picture?”
“Well to my recollection anyway I think I am 90% certain after seeing the date now, that it was on the day he purchased his mobile phone, his new mobile phone,” O’Donoghue replied.
State Pathologist Marie Cassidy testified that Robert’s mobile phone was found in the right hand pocket of his tracksuit pants during her post-mortem examination of the body on January 12-13, where the body was found in undergrowth near Inch Strand and at Cork University Hospital.
Evidence of calls received by this phone were put in evidence yesterday and Wayne O’Donoghue was given an opportunity to comment on some of the calls that he made.
The transcripts of the phone record included details of phone calls and text messages sent from and received by the accused’s phone on January 4, the day Robert Holohan was killed.
The phone evidence included two calls made from the accused’s mobile to Robert’s mobile at 9.19pm and 9.39pm, several hours after Robert’s death.
When gardaí asked why he made these calls he replied: “As I was saying it was to keep up the pretence like.”
When gardaí asked if Robert’s phone had rung out he replied: “I do not know to be honest. I was not really listening like.”
Wayne O’Donoghue said he was under legal advice to answer only Yes or No to detectives’ questions in his last interview at Midleton Garda Station about the death of Robert Holohan.
The seven women and five men of the jury at the Central Criminal Court sitting in Cork saw the last interview on videotape in which O’Donoghue repeatedly said that on his solicitor’s advice he could only answer Yes or No to the questions.
Frank Buttimer, solicitor, had visited Midleton Garda Station, just before this final interview.
The jury watched as O’Donoghue - this time wearing an Adidas baseball cap - responded to questions relating to exhibits in the case.
For instance he was asked to identify the black bags that were placed over the body of 11-year-old school boy.
He was also asked to identify other plastic bags.
It was explained by detectives that the bags were discoloured because they had been subjected to forensic chemical examination.
He was asked to identify the BMX bicycle labelled with the words “Go Easy” on the frame.
At various stages during the interview O’Donoghue was asked to elaborate on certain points.
He is seen to reply: “On the advice of my solicitor I can only answer Yes or No.”
However, O’Donoghue did elaborate on many of his answers during the interview.
He also said that he was advised to keep it simple, just identify the exhibits, and not to do anymore interviewing once the exhibits had been identified.
But he did continue with the interview after this point and answered questions relating to the journey that he took from his own home to Inch Strand where he dumped the body of Robert Holohan on rough ground.
Pathologist Jack Crane is flying in from Belfast today as the first witness for the defence.