State Pathologist testifies at Buck trial

The State Pathologist has told the jury in a Tipperary murder and arson trial that the 30-year-old victim died from a single stab wound to the chest, which penetrated the heart.

Dr Marie Cassidy was giving evidence at the Central Criminal Court on the eighth day of the trial of John Paul Buck (aged 29) of Heywood Close, Clonmel.

Mr Buck has pleaded not guilty to stabbing to death his “best mate” Fergus Roche at a house in the same estate in the early hours of October 1, 2005. He also denies setting fire to the vacant house afterwards.

Dr Cassidy said she followed the course taken by the knife. It sliced through three ribs, thick tissue, the heart muscle and out the other side.

She said there was no soot or smoke in the father-of-one’s airways, confirming that he was dead before the fire started.

She also said there were no defensive knife injuries, which there would usually be in a struggle. She agreed with Denis Vaughan Buckley SC, prosecuting, that defensive injuries would not be expected if the victim were sleeping.

She was shown a knife found at the scene and said this or a similar one could have caused the lethal, 9.5cm-deep wound.

Dr Cassidy also outlined other injuries found on the body of Mr Roche, who was 5’ 5”, had a tattoos, a moustache and goatee beard.

“There were bruises consistent with blows to head,” she said, adding that his brain appeared swollen and there was bruising in the right eye socket.

She said there were fingernail abrasions on his neck and a graze on his collar bone, but his larynx was in tact. She said this suggested he’d been grabbed by the neck but there was no attempt to strangle him.

“There was a mark around the right wrist, which could have been caused by being gripped or grabbed,” she said.

Dr Cassidy agreed with Michael Delaney SC that Mr Roche’s alcohol level was three times the drink driving limit and that there was evidence of recent cannabis use.

She also agreed that one possible explanation for the lack of defensive wounds would be if Mr Roche was holding the knife until just before his death.

Mr Delaney asked if it was possible that the deceased produced a knife, another person grabbed his wrist, inflicting injuries there, both parties struggled, fell and Mr Roche was stabbed.

She demonstrated that Mr Roche would have to be pointing the knife towards his chest, but said: “It is possible”.

She agreed with Mr Delaney that they would be more likely to fall if intoxicated.

Earlier, the jury heard that Mr Roche spent his last day drinking. PJ Hawkins said he and Mr Roche started drinking beer in a laneway around 10.30am.

They parted company around 12.30 and Mr Hawkins continued drinking until collecting his daughter from school at 2.30pm.

He said he met him again around 4pm and they drank cider until 5pm, when Mr Roche went to the garda station to sign on. Last week, the jury heard that he was on bail, awaiting trial for his part in a burglary.

At 6pm, they drank together again on the steps of a theatre. He said there were no injuries on Mr Roche’s face at that stage.

At 8pm Mr Hawkins left Mr Roche at Heywood Close, but met him again around 10pm and they drank more cider until midnight.

The trial continues before Mr Justice George Bermingham and a jury of six men and six women.