Lithuanian acquitted of chess partner's murder

A Lithuanian man has been acquitted by a jury at Dublin Circuit Criminal Court of killing a compatriot by stabbing him after they spent the day drinking and playing chess.

Rimantas Padimanskis (aged 44) of Lios Cian, Swords was found not guilty by the jury which heard evidence that another man had claimed he was the killer.

Mr Padimanskis stared emotionless at the floor as the verdict was read out following two and a half hours of deliberation on day-eight of his trial.

He had pleaded not guilty to the manslaughter of Darijus Onusaitis (aged 41), on November 15, 2005 by stabbing him with a kitchen knife.

Garda Tom Murphy said on the last day of evidence that following the incident another Lithuanian, Mr Tomas Zekas (aged 25), said in the garda station: "I .......... the man" as he held up a clenched fist and brought it down in a stabbing motion.

Gda Murphy said he then asked Mr Zekas if he stabbed the victim and he replied "yes" before he bagan shaking and asked witness if Mr Onusaitis was dead. He also appeared to have four bloodstains on his cardigan.

Detective Sergeant Gerard Feeney told prosecuting counsel, Ms Tara Burns BL, he was given this information by Gda Murphy and arrested Mr Zekas and brought him to Malahide garda station for interview but he was released without charge the next day and no further investigation into his involvement was made.

Det. Sgt Feeney agreed with defence counsel, Mr Conor Devally SC, that Mr Zekas had since left the country but said he was unsure if he had been summoned as a witness for this trial.

Mr Onusaitis died from a downward stabbing to his upper torso which penetrated his heart and liver. According to. Dr Michael Curtis said in a post-mortem report that the eight cm deep wound could have been caused by a downward stabbing motion or by a horizontal motion which could suggest the victim was "advancing" or charging" forward.

Dr Curtis pointed out that Mr Onusaitis could also have been pulled forward or he might have been lying down at the time. He said there was bruising to his face which he said "was in keeping with an assault rather than falling over". He was also "grossly intoxicated" from consumption of "a near fatal amount of alcohol".

The trial heard evidence from several housemates that Mr Padimanskis, Mr Zekas and Mr Onuasaitis had spent the day drinking in the kitchen as Mr Padimanskis repeatedly beat the deceased at chess.

Ms Marija Savickieve told Mr Devally: "They were so drunk they could not see the chess board, never mind play chess. I helped them put the figures on the chess board because they couldn't do it."

Mr Padimanskis' girlfriend, Ms Editha Vakietalyte, said Mr Onuasaitis was getting upset because he kept losing at chess and everyone was laughing. "He didn't punch or hit but he was speaking in an aggressive way."

Mr Roland Zalkauskas and Ms Inna Ruzimova said they saw the deceased lying face down as Mr Padimanski stood up and Mr Zekas sat clutching his head in his hands.

Another housemate, Ms Daiva Ciulkeviciute, said that following the stabbing she translated for gardaí, including Mr Padimanskis saying: "I killed him."

Ms Ciulkeviciute told Mr Devally she had come into the room earlier and the two men appeared very drunk and were "passionately playing chess". She said heard the accused say to Mr Onusaitis: "Is no one waiting for you? Is it not time to go home?"

She said the deceased man replied: "No one is waiting for me and I won't go anywhere."

Garda Alan Carroll said after he arrived on the scene, Mr Padimanskis said to him: "I did it" and made a stabbing motion which he demonstrated by extending a clenched fist from his side straight out in front of him. He said the accused also said something in another language which he could not understand.

Gda Carroll disagreed with Mr Devally that what Mr Padimanskis said was a not English but a mixture of Russian and Lithuanian.

Judge Tony Hunt expressed his "deepest gratitude and thanks" to the jury of nine men and three women for their attention and excused them from further service for five years.