Accused said victim was 'getting it', court hears

A jury at the Central Criminal Court has heard that a Dublin man accused of murder rang another man to say that the brother of a shooting victim was “getting it”.

Twenty-five-year-old father-of-two Ian Tobin died after he was shot through a door in Blanchardstown last year in what the prosecution say was an attack intended for his brother, Blake.

Bryan Ryan (aged 24), an unemployed man originally from Sheepmore Crescent in Blanchardstown has pleaded not guilty to the murder Ian Tobin at Fortlawn Park, Blanchardstown on May 27, 2007.

It is the prosecution’s case that, as a result of an ongoing feud, Mr Ryan drove a motorbike with another man, Michael Murray, who was carrying a gun, and that Mr Murray shot Ian Tobin in the neck.

Kevin Whelan (aged 24) told Tom O’Connell SC, prosecuting, that he was at a party in Blanchardstown four years ago when a row developed between Blake Tobin and Mr Ryan and Mr Murray.

“Bryan Ryan was fighting Blake Tobin and then Mick [Murray] tried to stab Blake.

“Blake ended up chasing Mick away with a golf-club.”

The court has previously heard that Mr Murray is the father of Mr Ryan’s girlfriend.

Mr Whelan told the jury that he met the accused “a good few times” after the altercation and that Mr Ryan told him that Mick Murray was “going to kill Blake Tobin.”

“He [Mr Ryan] said he was going to shoot him.”

Mr Whelan told the court that he was at the house in Fortlawn a couple of months before the shooting with a number of people including Mr Ryan and Mr Murray.

“Blake [Tobin] came in at about four or five in the morning. He hadn’t seen Mick Murray in two years since he tried stab him. He seen it was him and gave him a punch in the face.

“Blake went out into the kitchen to get a knife and Mick Murray went out the door.”

Mr Whelan said that, after that incident, he got a phonecall to go to the drive-through McDonald’s in Blanchardstown.

Mr Ryan and Mr Murray were there.

“Mick pulled me away from Bryan Ryan and asked me to help him get Blake Tobin. I told him I don’t want to get involved.”

Mr Whelan was in the house at Fortlawn the night before the shooting with a friend, Gavin McCullough.

He told the jury that he received a phonecall from Mr Ryan, “asking what I was up to... I asked him was he coming up. He said he was out with Mick. I said Blake wasn’t there, to come up”.

Mr Whelan said that Blake Tobin arrived later on that night.

“Blake came in. He was locked. He threw a CD case and split Gavin’s head open. Me and Gavin left the house in my car.”

Mr Whelan said that he received a phonecall from Mr Ryan as he was driving away from the house.

“He [Mr Ryan] asked why my car was leaving the house... He seen the car come out of the house. I told him Blake was after coming into the house, starting trouble.

“He asked if Blake Tobin was in the house and said that he was getting him. Then he just hung up after that.”

“Did he say how he was going to get it?” Mr O’Connell asked.

“No, he didn’t say how he was getting it,” Mr Whelan said.

Mr Whelan said that he received another phonecall later that day from Mr Ryan.

“He said that Blake Tobin had been shot. I asked him is he dead and he said he didn’t know but that he’s after getting shot.”

Mr Whelan told the jury that he met Mr Ryan a few days later and that Mr Ryan “just said to get rid of the phone I had and to tell Gavin McCullough not to open his mouth”.

Mr Whelan said that he also met Mr Murray after the shooting.

“When Mick heard Ian was shot he said: ‘F**k them, that’s one down, three brothers to go’.

“Bryan said that Mick Murray was still going to kill Blake. Even though Ian got shot, he was still going for Blake.”

Mr Whelan said that Mr Ryan told him that he and Mr Murray robbed the motorbike used in the shooting and burned it out afterward.

Giollaiosa O’Lideadha SC, defending, said that Mr Whelan told gardaí during his first interview that he did not know who was on the phone to him the morning of the shooting.

Mr Whelan replied: “I knew exactly who was on the phone to me. I didn’t want to say anything. I was afraid of getting shot.”

The trial continues.