Hackney driver's skull fractured by 'chopping instrument'

The skull of a 56-year-old hackney driver allegedly murdered by his friend in Clare was 'severely fractured' by a 'chopping instrument', a jury in the Central Criminal Court heard today.

Deputy State Pathologist, Dr Michael Curtis, was giving evidence in the trial of Anthony Kelly (aged 52), a native of Ruan, Co Clare with and address at Emlagh na Muck, Emlagh More, Waterville, Co Kerry who has pleaded not guilty to murdering father-of-four Liam Moloney in Ruane, Co Clare, on February 11th 2005.

The defence have admitted the killing but say the accused was suffering from a mental disorder at the time.

Mr Kelly has also admitted to six other charges including robbing items belonging to the deceased, setting fire to his car and unlawful possession of a firearm.

Dr Curtis told prosecuting counsel, Mr Tom O’Connell SC, that the deceased had 17 wounds and injuries to the head and neck.

He said the skull was 'severely fractured' and that some of the injuries cut through the brain tissue.

He also said the deceased’s throat was cut 'from side-to-side'.

“It would be reasonable to assume that death would have proceeded, if not instantly, then very quickly,” he added.

He said it was possible that any three of the weapons shown to him by gardaí - an axe head, a knife, and a meat cleaver- could have played a part in the killing.

He also said: “The square back of the axe could have caused the blunt force trauma to the side of the deceased’s face.”

He noted 'defence-type injuries' to the back of the deceased’s forearms and hands.

The cause of death, he said, was 'blunt force trauma to the head, and the cut-throat injury is a contributory factor'.

Under cross-examination by defence counsel, Mr Brendan Grehan SC, he said he couldn’t say whether the 'severe and sustained' attack could be described as 'frenzied' as he was not a psychiatrist.

However, he did agree that the 'vast number of blows' suffered by the deceased suggested the attack was an example of 'overkill'.

He said one of the blows alone could have been the cause of death.

He also agreed that the axe could have been used for all the injuries to the head and neck, but couldn’t say whether it was more than likely the axe was the weapon used rather than the meat-cleaver.

Referring to the square at the back of the axe, he said: “I don’t think a meat-cleaver could cause the facial injuries but an axe could.”

He agreed there was nothing in his report which contradicted the accused’s claim that he only used the axe and the knife in the attack.

The trial before Mr Justice Paul Carney and a jury of five men and seven women continues tomorrow.