Victim may have run into knife, court hears

A Lithuanian who was allegedly stabbed by a fellow countryman after they spent the day drinking and playing chess might have sustained the wound while "charging forward" , Dublin Circuit Criminal Court has heard.

The post-mortem also revealed that the deceased man had consumed so much alcohol "it was approaching a potentially fatal level in its own right."

Rimantas Padimanskis (aged 44), of Lios Cian, Swords has pleaded not guilty to the manslaughter of Darijus Onusaitis (aged 41), on November 15, 2005 by stabbing him.

Dr Michael Curtis told prosecuting counsel, Ms Tara Burns BL, the victim died from a downward stab wound to his upper torso which went through the ribs, heart and liver. He said Mr Onusaitis also had injuries to his neck which could have been caused by strangulation or by attempts to resuscitate him.

He had no defence wounds but did have several bruises to his face which Dr Curtis said "were in keeping with an assault rather than falling over".

He told defence counsel, Mr Conor Devally SC, that the wound could have been caused by someone making a downward stabbing motion or by someone stabbing horizontally as the deceased was leaning over.

He agreed with Mr Devally that if the victim was leaning over it could mean he was "advancing" or "charging" forward. However Dr Curtis pointed out that Mr Onusaitis could have been pulled forward or he could have been lying down at the time.

He said the deceased must have been "grossly intoxicated" and had a blood alcohol level of 399 mg.

"It was a approaching a potentially fatal level in its own right for an average person," Dr Curtis said. He also had a small amount of barbiturates in his system which might have been used to treat epilepsy or might have been acquired illegally.

Dr Lionel Williams told Ms Burns he examined Mr Padimanskis in the garda station following the incident and noticed a wound on his finger. He said he asked him how it happened and the accused told him he was bitten during the incident.

The trial continues before Judge Tony Hunt and a jury of nine men and three women.