Man on trial for allegedly swerving car and killing man in Arklow

A Dublin man on trial for the murder of an Arklow 21-year-old after he allegedly drove his car at him killing him, had "cracked up" losing his temper after a fighting with the man in an Arklow nightclub, a court has heard.

Anthony O’Reilly (aged 22), with an address at Cleggan Park, Ballyfermot, Dublin, is charged with the murder of Daniel McDonald (aged 21), on Main Street, Arklow on February 2, 2007.

O’Reilly has pleaded not guilty to murdering Mr McDonald, dangerous driving causing the death of Mr McDonald and intentionally or recklessly grabbing the steering wheel of Jenny Tobin’s car causing it to swerve in the direction of Mr McDonald.

In opening the prosecution case to the jury of six men and six women Mr Patrick Marinan, SC, said O’Reilly had driven to Arklow with friends and gone to Rascals nightclub where he got into some "argy-bargy" with Mr McDonald.

Security staff threw the pair out of the nightclub but with both men in a state of agitation the fight continued, O’Reilly threatening to kill Mr McDonald.

Jenny Tobin was parked nearby and Mr Marinan said O’Reilly went to her car asking for a wheel brace before getting in the passenger seat on top of her friend and demanding she drive.

Mr McDonald ran to the car and tried to get at O’Reilly through the open passenger window the court heard and Ms Tobin started to drive off but Mr McDonald’s foot was caught in the window.

"You will hear evidence of the quite amazing picture of Daniel McDonald hanging on for dear life with his right foot inside the car and he was hanging on to the roof."

Mr McDonald broke free and Ms Tobin, her friend Samantha Earls and O’Reilly drove off.

The court would hear O’Reilly was "cracking up" having lost his temper, Mr Marinan said.

"The incident itself was serious enough but it wasn’t to be the end of what happened that night," Mr Marinan said.

O’Reilly demanded Ms Tobin drive him to another friends home who had a shotgun.

The trio drove back into the main street and O’Reilly upped the anti further by grabbing the steering wheel of Miss Tobin’s car forcing it in the direction of Mr McDonald.

Miss Tobin then drove off and O’Reilly saw a friend driving his own red Honda Civic so he got out and into his own car.

"So that’s twice Daniel McDonald flirted with serious injury and he had been lucky but that wasn’t the end of events that evening," Mr Marinan said.

O’Reilly sped off in his car driving past Mr McDonald and his friends giving them the fingers.

He drove to the bottom of the town and turned around and tore off towards Mr McDonald and his friends.

"The deceased in this case stepped out onto the road and started waving his hands in the air, gesticulating almost to say come on come on," Mr Marinan said.

Mr Justice Kevin O’Higgins and the jury heard the cars engine roared as if it was going to slow and then suddenly swerved in the direction of Mr McDonald.

There were no brake marks.

Mr Marinan said Mr McDonald’s body hit the right-hand side of the windscreen smashing his head before his body was thrown 30 to 40 metres in the air.

The Honda Civic mounted the pavement, hit a shop and careered across the road.

O’Reilly got out and ran to Jenny Tobin’s car telling her had just killed someone.

He was taken to the Arklow Garda station where he was abusive and said three Arklow boys had tried to assault him, complained he had been injured and demanded to see a doctor and have photographs taken.

He was arrested for public disorder and the sergeant put him in the cells saying he had to attend an accident.

O’Reilly then admitted he had been driving the car, Mr Marinan said.

Mr McDonald was taken to Loughlinstown Hospital where he died from his injuries.

Mr Marinan said O’Reilly called the sergeant the following day to ask how Mr McDonald was and was told he had died.

"Mr O’Reilly said what am I going to do?"

Mr Marinan said the jury would hear from a number of witnesses to the event and see CCTV footage of Mr McDonald being struck by the Honda Civic.

The trial is expected to take 10 days.