Rattigan trial jury fail to reach verdict

A jury at the trial of a Dublin man accused of murder has failed to reach a verdict today.

The six men and six women had deliberated for 11 hours at the Central Criminal Court on the trial of Brian Rattigan (aged 28), Cooley Rd, Drimnagh, Dublin, who pleaded not guilty murdering Declan Gavin (aged 21), Mourne Rd, Drimnagh, at Crumlin Rd, Crumlin on August 25, 2001.

It was the prosecution’s case that Mr Rattigan stabbed Mr Gavin in a “targeted attack” outside an Abrakebabra fast-food outlet at the Crumlin Shopping Centre.

During the trial, the jury heard that a crowd of young people was gathered outside and inside Abrakebabra on August 25, 2001.

Shortly after 3am, a Nissan Micra pulled up on the road outside.

One witness described the car as “screeching to a halt”.

A girl walked toward the car and “had words” with the person in the passenger seat. She kicked the car and walked away from it.

Mr Gavin then walked out of Abrakebabra and approached the car. Someone inside the car shouted: “You rat”.

A man then got out of the car. He was wearing a balaclava and carrying a knife.

One witness described the man as “running with a knife in his hand. He was running for someone. He was running around like he was looking for someone.”

The man walked towards Mr Gavin and stabbed him.

Mr Gavin then “struggled” down the steps towards Abrakebabra, followed by his assailant.

The jury was told that that the assailant ran back toward the Nissan Micra.

Witness Mark Skerrit said that he grabbed a golf club off one of the people outside Abrakebabra and chased the assailant.

He said that he hit him in the head a couple of times while he was getting into the Nissan Micra, which drove away in the direction of Dolphin’s Barn.

The jury later heard that a doctor examined Rattigan while he was in garda detention 11 days after the stabbing and that no physical injuries were found on him.

Gardaí and paramedics arrived at Abrakebabra shortly before 4am and found Mr Gavin lying on the floor inside Abrakebabra, bleeding heavily from the chest.

He was taken to St James’ Hospital, and pronounced dead at 5.30am.

Later that morning, members of the Garda Technical Bureau arrived at the crime scene at the Crumlin Shopping Centre.

Det Gda Christopher O’Connor told the court that he found a palm mark in “what appeared to be blood” on the exterior of the window beside the front door.

He later matched this palm mark to Mr Rattigan.

Mr Rattigan was arrested by gardaí 11 days after the stabbing.

He told the gardaí that he had not been to Abrakebabra for “four months”.

When asked where he was on the night of the stabbing, Mr Rattigan said that he was with a married woman whose “fella was away”.

The jury heard that Mr Rattigan said that he would not tell the guards who she was.

When pressed further he said: “No f**king way, you can find her for yourself.”

When it was put to Mr Rattigan that “a lot of people witnessed the stabbing that night”, he said: “They can say what they like but they will have to say it all in court.”

Mr Justice Barry White was told that at least 10 of the jury members had failed to reach a verdict.

He thanked the jury members for the “conscientious manner in which you have attended to this case.

He said that it would be “inappropriate to comment on the evidence of the case... other than to say I can readily appreciate how there may have been diverging views among your number.

“Had the case proceeded to finality, there were comments I’d like to have made in relation to the evidence in this case.”

Mr Justice White put the matter in for the next list to fix dates.