Senior counsel accuses deceased’s brother of lying

A MURDER trial in Tralee heard the brother of the deceased testify yesterday that he saw the accused man showing no mercy as he drove a slash hook through his brother, who was lying on the ground.

Michael McCarthy, of 121 Ballyspillane, Killarney, Co Kerry, is on trial at the Central Criminal Court, sitting in Cork, where he pleaded not guilty to the charge of murdering Michael Faulkner at Mitchell’s Crescent, Tralee, Co Kerry, on August 23, 2004.

John Faulkner, 48, was about to have a cup of tea in his own house after breaking up a row between his brother, Michael, and another man, unrelated to the McCarthy family. He drove this other man away from the area as he felt that his brother was “in his face”. He then returned.

“My brother Michael started calling me, ‘knickers, knickers’. I hadn’t spoken to my brother for five years before this. I knew the McCarthys would be watching him. They are always watching him,” he told the court.

“I seen the van, I am sick of seeing his van around the place, I knew who it was, Michael McCarthy. I seen my brother down on the ground. I seen this Michael McCarthy with the slash hook, driving it straight through my brother. No mercy.

“I said (to McCarthy), ‘You bastard, you’re dead.’ He just looked.

“He got into the van. He drove off. He threw it (the slash hook) in the van.

“He was wearing a white T-shirt and dark tracksuit pants.”

Anthony Sammon, senior counsel, began his cross-examination of the witness by querying his date of birth, saying it was different to the one that appeared on his statement to gardaí, adding, “It is well known that people of the travelling community are very coy about giving their date of birth.”

Mr Sammon said, “You give a false date of birth willy-nilly, left, right and centre. You started your statement with a lie.”

Mr Faulkner said, “You accused my daughter of telling lies yesterday. That is the man (pointing to the accused) who murdered my brother.”

Mr Faulkner said there had been ill will between the two families for 15 or 16 years. He said his people were originally from Cork but his father’s people were from Kerry.

“How many times have there been physical encounters between the families?” Mr Sammon asked.

“They are the people who do the physical. We don’t do the physical. My brothers, sisters and sons had to leave Kerry over these people,” Mr Faulkner said, adding that things had happened between the families and they were not likely to stop.

He accused the senior counsel of confusing Patrick McCarthy, 13, son of the deceased, about Francie McCarthy’s being present.

Mr Faulkner said he did not see Mr McCarthy there, adding: “I seen this man (the accused) using a slash hook and killing my brother.”

Mr Sammon suggested the witness was not answering questions but simply repeating his statement he had learned by heart.

John Faulkner replied: “By heart? Two years I see that man in my eyes killing my brother with my nephew beside him. My brother down on the ground and this man, the pure force of the slash hook. Why didn’t he break his legs and arms? I seen him the same as I am looking at him now.”

Forensic scientist Dr Fiona Thornton analysed a blood sample from the deceased and blood from the front passenger floor mat of a van. She said the DNA profiles matched.