Murder accused was stopped by gardaí for tax and insurance

A man accused of murdering a father of two in Dublin five years ago was previously stopped by gardaí with the gunman because the car they were travelling in had no tax, a jury heard.

Eugene Cullen, aged 30, of Derry Road, Crumlin, Dublin, has pleaded not guilty to murdering Seamus O’Byrne, aged 27, at Tymon Park North, Tallaght, on March 13, 2009.

The Central Criminal Court has heard Mr O’Byrne was shot dead by a hooded gunman in front of his girlfriend and child in the driveway of their home.

The prosecution alleges Mr Cullen was one of four men involved in plotting, planning and executing the murder.

In his opening speech, Alex Owens, prosecuting, told the court Mr O’Byrne was shot at 8:15pm on the date in question. He said the prosecution’s case was not that Mr Cullen was the gunman. A man from Bray, Garret O’Brien, who has since been convicted, was brought in to do that job.

Yesterday Garda Kevin O’Shaughnessy told the court three years previously he stopped a Volkswagen car for having no tax and seized the vehicle. Mr Cullen was the driver and Mr O’Brien was the passenger, he said.

Garda Clifford Cullen said he visited the Leisureplex in Coolock and viewed CCTV footage from 8pm to 11pm on the day of the shooting.

As the jury was watching the footage, he told the court three males entered the Leisureplex at 8.50pm.

He said one of the men left and came back in at 9.21pm, and the same man went out again at 9.31pm.

Two men went out of the Leisureplex at 9.36pm, and returned at 9.38pm, before all three left at 9.47pm.

The trial continues.