Accused was 'swinging knives'

A young Drogheda man accused of murdering the father of the child he was babysitting was “very aggressive, swinging knives”, 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 (aged 41) – also known as Des - at Rathmullen Park, Drogheda, Co Louth on December 30, 2007.

It is the prosecution’s case that Mr Cunningham attacked Des after a row outside the house of Des’ ex-partner, Anne Gildea.

The court has heard that Anne Gildea and Des had been separated for two years at the time of the alleged murder.

The court has also heard that they had two daughters together - who were living with Ms Gildea – and that, on the night in question, Ms Gildea had made arrangements for the care of the two girls.

Des was at his brother Jim’s fortieth birthday party on the same night

Today, Sharon Kimmins, the deceased man’s sister, told Mary Ellen Ring SC, prosecuting, that she was also at the fortieth birthday party.

The party was taking place in Jim Kimmins’ house in Marley Court, nearby to Rathmullen, where Ms Gildea lived.

Sharon told the court that Des’ phone was in the kitchen.

She said that the phone rang at approximately 3am. She answered it and did not know the person on the phone.

The jury heard that she had a conversation about Anne Gildea and was told that Ms Gildea was “lying at the entrance” to another estate in the area.

Sharon told the court that she went to Rathmullen with her brother Jim, his son George, and George’s friend Wayne Farrell to see how Des’ daughters were.

She also called her niece, Sinead Smith, and asked her to go and check on the two girls.

She had spoken to Jim about the phonecall.

The jury heard that Sharon went to Ms Gildea’s house while the others remained outside the house of another man, Jason Johnson, who lived across from Ms Gildea.

The front door of Ms Gildea’s house was open. Sharon walked inside and went into the kitchen.

Nicola Kavanagh was there with her baby daughter. Sharon asked Ms Gildea where the two girls were.

She was told that the younger girl was with Ms Gildea’s mother in Balbriggan and that the elder was in Ms Kavanagh’s mother’s house, which was nearby.

Sharon said that Ms Gildea asked her about work.

Sharon walked to the front door then and she saw that her mother and her two brothers, Des and Jim, were outside the house. Her niece, Ms Smith, was also there.

Ms Gildea and Ms Kavanagh came to the door.

Sharon said that the accused, Mr Cunningham, came to the door and called Ms Smith “a slut or a whore”.

She said that Des and Mr Cunningham began “shouting at one another” and that her mother was “trying to hold Des back”.

Sharon said it “all happened so quick”.

“I remember seeing him [Mr Cunningham] at the door. He had a knife.”

She said she was not sure if he had one or two knives.

“Next thing I saw him running down the footpath with the knife.”

She said that she next saw Des when he was lying on the ground.

Sharon told Derek Kenneally SC, defending, that she did not tell Des her concerns about his two daughters.

She agreed that the reason she did not tell him was because she was concerned that he would get himself into trouble if he went to Ms Gildea’s house.

She said that she did not tell Des that Ms Gildea had been found drunk in Ballsgrove Estate.

She also agreed with him that Des “could be aggressive when drunk”.

Sharon accepted that she “might have been wrong” when she said that Mr Cunningham ran down the pathway at Des.

George Kimmins, nephew of the deceased, told Colm O’Briain BL, prosecuting, that he went to Rathmullen on the night of the alleged murder.

He said that he and his father Jim and his friend Wayne Farrell remained outside Jason Johnson’s house while Sharon Kimmins went to Ms Gildea’s house.

He said that he saw his granny, his cousin Sinead Smith, Sharon and Ms Gildea arguing outside the front of the house.

He saw Des coming into Rathmullen.

“My father went down to [Ms Gildea’s house] to tell them to stop arguing because Des was coming down.

“Myself, Wayne and Jason were telling Des to stay back.”

George told the court that Des went down to Ms Gildea’s house and that he and the others followed.

“Everyone was still arguing at the front gate.”

He said that Mr Cunningham came out of the house and Des walked toward it. Mr Cunningham left the porch and, when he came back, had two knives, one in each hand, his arms upraised.

He said that Mr Cunningham was “shouting at Des: 'I’m going to kill you. One of these is going in your f***ing face'.”

“Des walked into the garden. I told him not to go up towards the door. As Des was walking up, [Mr Cunningham] came out of the porch. He was aggressive, swinging the knives.”

He said that his father was “holding Mr Cunningham back from Des”.

“As Des got by me, Mr Cunningham came over my father and stabbed him [Des] in the chest.

“Des fell back, kind of stumbled into me,” he said.

The trial continues.