Murder accused 'was trying to help victim'

A Limerick man, accused of stabbing a 59-year-old man to death, told gardaí he did not intend to kill the deceased man but had been trying to help him, a Central Criminal Court jury has heard.

Detective Garda Pat Flood told Mr John Aylmer SC, prosecuting, that Joseph 'Jody' Bustin started crying when he was being taken to the garda station after his arrest.

He told gardaí: "I never intended to kill him but he wouldn't let go. I just wanted to get away."

Mr Buston, aged 21, of Towerfield, Croom, Co Limerick, has pleaded not guilty to murdering Liam O'Donovan at St Senan's Terrace in the village in the early hours of November 4, 2006.

Det Gda Flood told the court that Mr Bustin had first given a statement as part of the routine investigation into Mr O'Donovan's death. At the same time his finger and palm prints were taken as well.

The jury also heard from Detective Garda Cathal Hannigan, a garda fingerprint expert. He told Mr Aylmer that a print taken from the outside window frame of the deceased man's bedroom matched the prints taken from Mr Bustin.

On November 23, gardaí arrived at Mr Bustin's family home with a search warrant and he was subsequently arrested.

Det Gda Flood told Mr Aylmer that Mr Bustin told gardaí he had wanted to follow them after he had given his initial statement and tell them what had happened, but had not wanted to upset his mother. He told gardaí: "I thought every knock on the door was the guards."

He said on the night of the incident he met friends for a couple of drinks after work before deciding to go on to a nightclub. He had around five pints and three shots of tequila.

Mr Bustin told gardaí that he had got a lift back from the nightclub at around 4am and had stayed talking to friends for some time before walking a short distance to his ex-girlfriends house.

The jury heard yesterday from his girlfriend's brother Mr David Begley who said he found the accused on the roof of the house shortly after 4am.

Mr Bustin told gardaí he had been throwing stones at her window for her to let him into her room but she wasn't there.

Mr Bustin denied he had been in a bad mood after a row with his ex-girlfriend because he had kissed another girl at the nightclub that night. He said he had no intention of robbing anyone although he admitted kicking in a panel in a glass door on another house of St Senan's Terrace and knocking aside a security camera.

He told gardaí he often did stupid things when he had been drinking and had self harmed after a night out before.

Det Gda Flood said Mr Bustin told gardai he had thrown out the black jumper he was wearing on the night of the incident because it had Mr O'Donovan's blood on it. He said even after washing it he didn't want to wear it again.

"The following day I had the jumper on me in my room but I felt uncomfortable, like I was going to be sick."

He told gardaí he had not been planning to rob anyone and did not know that Mr O'Donovan had been collecting money for a local football team. He said he had just been trying to help Mr O'Donovan.

He said he was walking home when he heard crying coming from a house on St Senan's Terrace. He went over to the front garden of the deceased man's house and looked in.

He could still hear someone crying but couldn't see anything. There was no answer when he knocked on the front door so he went round to the side of the building.

There was a small window open at the side so he pulled himself up and called into the window to see if anyone was there.

He said he went round to the front of the house again and tried the front door but everything had gone quiet. Det Gda Flood said he told gardaí that when he went back round the back of the house he noticed that the patio door was open as was the back door beyond.

Mr Bustin said he went into the house and called out. He said he didn't hear anything at first then the crying started again. He told gardaí: "this sounds stupid, after I called out I thought there was a ghost."

He said he tried to get out of the front door but it was locked so he headed back towards the back of the house. It was at this point, he said, the deceased man came out of the bedroom.

"He said 'you little pricks'. He said he was going to get us. He started walking towards me and I just ran."

He told gardaí he had picked up a knife from the kitchen and stabbed the deceased man but he said he was sure he had struck him in the arm. "If I had known that where I stabbed him would cause him to lose his life, I would have gone back to help him regardless of what happened to me."

Det Gda Flood agreed with defence counsel Mr Brendan Nix SC that the emotion Mr Bustin had displayed during interviews seemed genuine. In video footage shown to the jury Mr Bustin appeared highly distressed. He told gardaí: "I'd give anything to bring the man back. I would give my own life."

The jury also heard from Detective Garda Brian Barry who told Mr Aylmer that Mr O'Donovan's blood was found in the bedroom, the kitchen, the patio of the house and on the path outside.

Mr O'Donovan was found the next morning on the pavement outside his house. He had been stabbed once in the chest and was wearing boxer shorts and a t-shirt.

Mr Justice Paul Carney suspended today's proceedings when one of the jurors fell ill.

The trial continues tomorrow before Mr Justice Carney and the jury of six men and six women.