Murder accused 'seen speeding up in car', court hears

A Dublin man accused of murder was seen speeding up as he drove his car at his victim, hitting him and flinging him in the air like a rag-doll, 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.

Mr McDonald’s friend Michael Kenny told the Central Criminal Court at Dublin he saw O’Reilly’s red Honda Civic driving towards Mr McDonald who had walked out onto the road.

O’Reilly and Mr McDonald had earlier been fighting in Arklow’s Rascals nightclub and were thrown out.

“He was driving down towards us but he was on the correct side of the road but the closer he got he seemed to speed up,” Mr Kenny said.

He said O’Reilly never hit the brakes.

“Then I just seen him turn the wheel in towards Saca (Mr McDonald) like and then he hit him.”

“He (Mr McDonald) hadn’t got time to respond, he kind of went to jump like.”

In his statement to gardaí he said Mr McDonald was thrown in the air like a rag-doll, the court heard.

“The car hit his legs and his head hit the windscreen and he just flicked up in the air.”

Under cross examination by Blaise O’Carroll SC, Mr Kenny said he had not seen how the fight started in Rascals nightclub but when he saw the scuffle between O’Reilly and Mr McDonald he went to help, accidentally throwing a punch at Mr McDonald in the melee.

The court heard O’Reilly and Mr McDonald were thrown out.

The fight continued on the street, O’Reilly running to a black car owned by Jenny Tobin and getting in demanding she drive off.

Mr McDonald also ran to the car and kicking it, trying to get at O’Reilly, he got his foot stuck in the window.

The court heard Miss Tobin drove off but slowed down and lowered the window to release Mr McDonald’s foot.

She told the court O’Reilly demanded she drive back down the street and as she did O’Reilly reached over and grabbed the steering wheel forcing the car in Mr McDonald’s direction.

Samantha Earls told Mr Justice Kevin O’Higgins and the jury of six men and six women she was in the car with Jenny Tobin when O’Reilly got into the passenger seat on top of her.

“He kept on saying: 'Drive the f***ing car now', and my leg was jammed in the door.”

She shut the door and Mr McDonald was at the window and the two men fighting, she said.

As they drove off Mr McDonald’s foot was stuck through the window.

O’Reilly was going mad, she said, and was hitting the dashboard with his fists.

As they reached the top of the town he demanded to be taken to Hatton’s to get a shotgun.

She said he made her get out of the front passenger seat and get into the back before they drove back into the town again.

As they drove back down the street she said O’Reilly reached over and grabbed the steering wheel pushing it in the direction of Mr McDonald who was standing just off the footpath, narrowly missing him.

O’Reilly eventually got out of Miss Tobin’s car when he saw his own car being driven around the town by one of his friends.

He got out of Miss Tobin’s car got the keys off his friend and got into his own red Honda Civic.

She said he sped off into the main street again, hitting Miss Tobin’s car as he took off.

O’Reilly seemed more angry than frightened she told the court.

The trial continues.