Man stabbed father of girl he and his girlfriend were babysitting

A young Drogheda man fatally stabbed the father of the young girl he and his girlfriend were babysitting, the Central Criminal Court heard today.

Keith Cunningham (aged 19), of Halpin’s Terrace, Drogheda, Co Louth, has pleaded not guilty to murder but guilty of the manslaughter of Martin Desmond Kimmins (41) at Rathmullen Park, Drogheda, Co Louth on December 30, 2007.

Opening the prosecution case, Mary Ellen Ring SC told the jury that Mr Kimmins – also known as Des - was with his brother, Jim, on December 29. It was Jim’s 40th birthday.

Ms Ring said that Des was the father of two young girls, who were eight and four years old at the time of the alleged murder. The girls were living with their mother, Anne Gildea.

Des and Ms Gildea had been separated for two years.

Ms Ring said that a party was being held in Jim’s house that night to celebrate his 40th birthday.

She said that Ms Gildea was also going out that night but not to the party. She made arrangements for the care of her two daughters. She took the younger daughter to her mother in Balbriggan and called to a neighbour, Nicola Kavanagh, and asked her if she would look after the elder daughter for the night.

Ms Kavanagh and her boyfriend, the accused, Mr Cunningham, went to Ms Gildea’s house to mind the young girl.

When the girl became unsettled, they took her to Ms Kavanagh’s mother’s house, which was nearby.

The jury heard that Mr Cunningham and Ms Kavanagh had a child and that the three of them stayed in Ms Gildea’s house for the evening.

Ms Ring said that, at 2.48am, taxi driver John Allen came across Ms Gildea on a nearby road and, concerned about her condition, rang the gardaí.

Ms Ring said that the evidence will be that Mr Allen made another phonecall and that he spoke to Sharon Kimmins, brother of the deceased, who was also at the 40th birthday party.

Ms Ring said that the party at the Kimmins’ house was coming to a conclusion at that stage.

She said that Des had taken drink and was “the worse for wear”.

The jury heard that a taxi was called and that the driver said she wouldn’t take Des. He began to walk home.

Ms Ring said that the Kimmins family were concerned about Des’ and Ms Gildea’s daughters, having heard about Ms Gildea being found on the side of the road.

She said that, when the party was over, some of the family, including Sharon and Jim, went to Rathmullen Park, to Ms Gildea’s house.

Ms Gildea had arrived back at this stage and both Mr Cunningham and Ms Kavanagh were still there, as well as their child.

The jury heard that a verbal argument started and that Des arrived.

Ms Ring told the jury it will hear that Des “had to be restrained from going onto Ms Gildea’s property” and that Mr Cunningham went inside and returned with two knives.

The evidence will be that Mr Cunningham “attacked” Des with the two knives and left the house through the back.

Ms Ring told the jury that Mr Cunningham was arrested later that day and that, during interviews, he told gardaí that he “did not intend to use the knives”.

She said that Mr Cunningham told gardaí that he “used them because his baby daughter was in the house and that he felt under threat”.

Ms Ring said that Mr Cunningham also told the gardaí that Des was “violent to Ms Gildea”.

Jim Kimmins, brother of the deceased, told Ms Ring that he met his brother the afternoon before the alleged murder and that they spent some time in Boyles’ bookies and then went to the pub. Jim had two pints and Des had three.

They then went to Centra. Des bought eight cans of Budweiser and cigarettes for Ms Gildea.

Jim told the court that he walked home and that Des went to Ms Gildea’s house to give her the drink and cigarettes.

Des then called to Jim’s house between 7 and 8pm.

Jim told the court that the party finished at approximately 2.30 or 3am.

Des was asleep on an armchair in the living-room. A taxi was called.

Jim told the jury that he and his son, George, carried Des outside after waking him up.

“The taxi woman saw us carrying him and thought he was too drunk. She said she wouldn’t take him.”

When the taxi left, Des’ phone started ringing in the kitchen. Jim saw his wife Maria answer the phone. The phone rang again and his sister Sharon answered.

Jim said that Des began to walk toward home and that he walked over to Rathmullen – where Ms Gildea lived – with his Sharon, his mother and his niece.

He saw Des coming into the estate.

“I went over to ask my mother and sister move away from the door because I’d seen Des coming into Rathmullen.”

Jim told Derek Kenneally SC, defending, that Des and Ms Gildea had their “ups and downs” after they separated.

He said that Des was “arrested away from [Ms Gildea’s] house a few times”.

Jim also told Mr Kenneally that he “could not remember” saying to the gardaí that Des was “trying to bully his way into [Ms Gildea’s] house”.

The trial continues.