Witness saw victim protecting himself, murder trial hears

A witness at the trial of a Dublin man accused of murder told gardaí he saw a man hold up his hands to protect himself as another man attacked him with a knife, the Central Criminal Court heard today.

Brian Rattigan (aged 28), Cooley Rd, Drimnagh, Dublin, has pleaded not guilty to the murder of Declan Gavin (aged 21), Mourne Rd, Drimnagh, at Crumlin Rd, Crumlin, on August 25, 2001.

It is the prosecution’s case that Mr Rattigan got out of a Nissan Micra that pulled up outside an Abrakebabra fast food outlet at the Crumlin Shopping Centre before he "made for Declan Gavin" with a knife.

The witness, John Farrell, told Ms Pauline Walley SC, prosecuting, he walked to Abrakebabra with his sister’s girlfriend on the night of the alleged murder and noticed that there were large groups of people standing outside the food outlet.

Mr Farrell told Ms Walley SC there was a lot of screaming and shouting and people were fighting but that he left to go home as he didn’t want to get involved.

He said: "I only have a slight memory from that night I tried to block it out because I don’t like things like that."

Det. Gda Ronan Flaherty read out two statements Mr Farrell gave to gardaí shortly after the incident.

Mr Farrell told gardaí he saw a girl talking to someone in a silver Nissan Micra and that "it wasn’t friendly conversation".

He said: "She kicked the door and walked away from the car and shouted 'he has a knife'."

Mr Farrell said a man then got out of the back of the Nissan Micra wearing a balaclava and carrying a long silver knife, and ran towards Declan Gavin who was wearing a black jacket.

He said: "The fella in the jacket put up his hand to protect himself but got his hand sliced by the knife."

The witness told gardaí the man with the knife chased Declan Gavin to the door of Abrakebabra and "knifed him in the chest".

Mr Farrell said: "The man with the knife kicked the door of the chipper and he got it open partly, he didn’t get it open the whole way, and that’s when he stabbed the fella."

John Farrell gave gardaí a physical description of the man who stabbed Declan Gavin describing him as having ''a stocky build''.

He said: "He had a stocky build with big muscles on his arms and he was wearing a black short-sleeve top."

The trial is expected to resume on Wednesday afternoon before Mr Justice George Birmingham and a jury of eight men and four women.