Murder accused told garda he gave victim ‘a few slaps’

THE man who denies murdering a Fermoy man two years ago spoke to a detective on a car journey to a court and said: “I fucked up badly. I gave him a few slaps alright. He owed me about €500.”

That claim was made by a detective sergeant yesterday but challenged by the defence, who alleged that some details of the memo were an attempt to pull the wool over people’s eyes and an attempt to ascribe a motive to the accused.

John Walsh, 45, originally from Ballinlough, Cork, and more recently of Cork Street, Mitchelstown, is on trial for the murder of John McManus on a date unknown between October 28 and November 7, 2008, at flat 1, 3 Verdon Place, Wellington Road, Cork.

Detective Sergeant John Brennan gave evidence yesterday about remarks made by Walsh which were written down by the detective.

Det. Sgt. Brennan said the accused was being driven to Kenmare District Court for a hearing in relation to a bail issue.

“There was small talk for a while. Shortly into the journey he made remarks which caused me to note them. (Quoting from notes) John, that’s your name, isn’t it. I fucked up badly this time, didn’t I. I gave him a few slaps alright. He owed me about €500.

“My solicitor told me to say nothing. He (the deceased) was telling me lies. He said the guards took his money off him, something to do with forged prescriptions. I know it was lies. His friends were laughing when he told me the guards took his money.

“I tell you, man, I got an awful fright when I woke up and found him dead. I wouldn’t hurt a fly. Someone might have given him a few more slaps after me. Gillian and I ran away then. I better say no more, the solicitor said that.”

In his cross-examination Blaise O’Carroll, senior counsel for Walsh, said: “This was taking advantage of Mr Walsh.” The detective sergeant said: “Mr Walsh struck me as a very streetwise individual… Whether it was remorse he needed to talk, whether it was to exonerate himself or not.”

Mr O’Carroll said solicitor Frank Buttimer had not spoken to Walsh about any dead body being found in Ballyduff at that time.

Mr O’Carroll said the reference attributed to Walsh about his solicitor could not be true. The senior counsel said to the detective: “You are the author of that about the solicitor, to pull the wool over people’s eyes… Guards concealed it (comments reported from Walsh) from Mr Buttimer deliberately to have Mr Walsh in a defenceless position… You are the one talking about a solicitor to give a false impression of what Mr Walsh is supposed to have said.”

Det. Sgt. Brennan said: “I am under oath in this court and I am telling the truth.”

Mr O’Carroll also challenged the detective on the reported use of the detective’s Christian name a number of times. The detective said: “He is an affable guy. He uses first names. He’s very plausible. That’s the way the guy operates.”

The trial of Walsh and his co-accused, Gillian Purcell, 34, of Simon, Anderson’s Quay, Cork, continues before Mr Justice Paul Carney and the jury today.

Multiple head injuries led to death

MULTIPLE head injuries caused shock and brain-swelling leading to the death of John McManus, the assistant state pathologist told the jury.

Dr Margaret Bolster conducted the postmortem examination of the 25-year-old in November 2008 after the body was found in a field in Kerry.

Dr Bolster found over 100 injuries, almost half of them being to the head.

“There was blunt force trauma to the head, neck and body due to multiple blows… The main finding is brain swelling here,” Dr Bolster said.

Asked if the injuries could have resulted from falling, the pathologist replied, “Oh no, not those multiple injuries.”

When prosecution senior counsel, Tom Creed, asked about the knocking out of two front teeth and roots, Dr Bolster said, “That would be significant trauma.”

Most of the wounds took the form of lacerations, bruises and marks, rather than fractures. She said there was only a minor crack-type fracture to the nose. There were 56 separate injuries to the head, 20 to the trunk of the body, 15 to the arms and 24 to the legs.

Blaise O’Carroll, senior counsel for the accused, John Walsh, asked: “Were the injuries consistent with a fight that goes on for quite some time?” Dr Bolster replied, “Quite possibly.”

John McManus suffered a life-changing head injury in a car accident 12 years before his death but Dr Bolster said: “The previous head injury would not have made him any more vulnerable.”

The toxicology report found alcohol, cannabis and the sedative, Diazepam, present in the blood and urine of the deceased.