Cork murder victim 'was struck with an axe in the head'

A Cork man accused of murder allegedly struck his victim with an axe seven times in the head a jury heard at the Central Criminal Court today.

Opening the case for the prosecution, Mr Patrick McCarthy, SC said the victim Mr Gerard Hackett, (aged 49) sustained "extensive injury to the head, body, face and legs"

Mr McCarthy said the victim had seven hatchet or axe marks on the head of the body. He also had injuries that seemed to have been caused by a brick being dropped on his face and also it is alleged Mr Hackett was hit with a bedpost.

Mr Mark Allingham, (aged 23) of Fr Murphy Place, Midelton has pleaded not guilty to the murder of Gerard Hackett (aged 49) on an unknown date between October 16, 2002 and October 21, 2002 at The Rock, Towns Park, Middelton in Co Cork.

Addressing the jury of three women and nine men, Mr McCarthy,SC, counsel for the prosecution alleges that the "blood on the clothing of Mark Allingham is the same as the DNA found on the deceased,"

Mr McCarthy also told the jury today that it is known that both the deceased and the accused had drink problems.

It is alleged by the prosecution counsel that Gerard Hackett who lived for the past five years in the Simon Community and was late of Reen Downey Place in Cork, left the hostel at 2.40pm on Friday, October 18 after Mr Mark Allingham called for the deceased.

Two days later Mr Gerard Hackett was found murdered on Sunday, October 20 at 10.45pm at The Rock, Towns Park in Middelton by Garda Tom O'Halloran of Midelton garda station.

The Rock, Mr Patrick McCarthy, SC, informed the jury, is a derelict house on the outskirts of Midelton that is owned by the O'Brien family who hadn't lived in the house since the 1950's.

In the third out house at The Rock that Garda Tom O'Halloran searched at 10.45pm on Friday, 20, October, he found the body of the deceased.

"There was a wooden door that was closed. I pushed in inwards and saw a body of a male lying on his back with his feet towards the door. His right knee was bent. He had numerous severe or serious injuries to head and face. He also had a number of lacerations to his hands and legs. The lower half of his face was disfigured,"

Garda O'Halloran told the jury that Mr Hackett was wearing a wine jacket, a grey jumper, a green t-shirt that had burn marks on the chest and lower stomach.

"There were a pair of white underpants at the feet of Mr Hackett," Garda O'Halloran said.

"A large concrete block was above his head and there was blood like substance on it. On the left hand side of his head there was a timber plank going along the side of his body. There was a metal pipe leaning across his head and blood appeared to be on the pipe. There was another iron bar on the other side of the body," he told the jury.

Garda Brian Cleary of the mapping section of the Garda Siochana told the jury that a pair of trousers were marked on the map of the derelict house and were discovered "down in the basement" at The Rock house.

Garda Denis Motherway of Fermoy garda station gave evidence at the first day of the murder trial that at 10.35pm on Sunday, October 20, 2002 he received a 999 call from a male who told him there was a dead body at The Rock, Towns Park, Midelton, Co Cork.

"The caller gave his name as John Carroll of 28 Fr Murphy Place. He stated that the body was in a bad state. The caller sounded dosey and intoxicated,"

When Garda Gerry Rohan arrived at the phone box at St Marys Road, Middelton, where it was established that the call was made from he arrested Mr Mark Allingham who was five yards from the phone box.

"I saw Mark Allingham who was stumbling about the place," he said.

Garda Rohan arrested Mr Allingham at 11.15pm on October 20 under section 4 of the public order act. Garda Rohan said the accused slept until 7.40am Monday morning, October 21, 2002, at Midelton garda station, Co Cork.

Garda Gerry Rohan said he then became suspicious that Mark Allingham could be connected to the assault of Mr Gerard Hackett. The reasons, he said yesterday, at the Circuit Court were many.

"Mark Allingham was found in the location of the phone box, he was drunk like the 999 caller who was very drunk. The 999 caller gave his address as 28 Fr Murphy Place. There was no John Carroll living at that address. Mr Allingham was friendly with a Carroll family and he was known to frequent The Rock,"

Garda Gerry Rohan then informed Dectective Sgt Brian Goulding of his suspicions.

As Mr Mark Allingham was being made ready to be released under his public disorder arrest, Garda Rohan noticed "what appeared to be blood stains on the front of his shirt".

He was released at 7.53am on October 21 and then re-arrested three minutes later, Garda Rohan told the jury yesterday in connection with the murder of Mr Gerard Hackett.

The trial continues before Mr Justice Diarmaid O'Donovan on Monday morning.