Pathologist testifies in trial of man accused of murdering brother

A Clare man died from a fatal stab wound to the stomach that punctured a major blood vessel, the jury in the trial of his brother, accused of his murder, has heard.

State Pathologist Marie Cassidy told prosecuting counsel Mr Tom McConnell SC that Charlie McDonagh suffered 12 separate knife wounds including two deep puncture wounds.

She said one of these two wounds passed 10 cms into the abdominal cavity puncturing the major blood vessel leading to the liver. Mr McDonagh had lost a substantial amount of blood from the wound but it would not have caused his immediate collapse.

She said that Mr McDonagh had defensive injuries to his arms and hands. His hands also showed signs that he had also been involved in a fist fight which could have happened earlier that day.

Patrick McDonagh (aged 27) of Bridge Court, Roslevan, Ennis, denies murdering his brother Charlie (aged 30), at Bridge Court, on January 28 last after a drinking session.

He also denies the alternative charge of manslaughter and a further charge of producing a knife in the course of a fight.

Earlier in the week, the jury heard that the row developed after an evening drinking together at their neighbouring homes.

After an initial fist fight which resulted in Patrick receiving hospital treatment for a split lip, Charlie got a knife from a neighbour's house and goaded Patrick to fight him.

Patrick grabbed a hatchet and, despite attempts to stop him, went to meet Charlie in the street outside their houses.

Prof Cassidy agreed with Mr Brendan Nix SC, defending, that a wound Patrick received to his arm during the fight would have been a significant injury and would have meant he was unable to bend his arm.

She agreed that the axe used was rusty and blunt and that Charlie had no injuries that could have been inflicted by the sharp end although some bruising could have been made by the blunt end.

In her closing speech for the prosecution, Ms Caroline Biggs BL told the jury of seven women and five men that Patrick left his house to meet Charlie of his own free will.

"He willingly went out that night to fight his brother; the result that brother died; the result that Patrick McDonagh is guilty of murder," she said.

In his closing speech Mr Nix told the jury that as the accused's brother Charlie knew exactly what buttons to press to make Patrick come out and fight.

"Where did the man go who contacted the guards go to? What happened? Charlie provoked a total and absolute loss of control in Patrick."

The trial will continue on Monday when Mr Justice Paul Carney will complete his charge and the jury will begin their deliberations.