Murder accused was on medication, court hears

The jury in the trial of a man who denies murdering his close friend has heard that the accused had health problems at the time of the incident and was on long-term medication.

Witness for the defence, Dr Colm Bergin, a consultant physician at St James's Hospital, told the Central Criminal Court that Martin Toland was transferred to his care in 2005, from a hospital in Spain where he had been treated for deep vein thrombosis, and an infection of parts of the heart.

The 34-year-old, from Walkinstown Park in Dublin, has pleaded not guilty to the murder of Alan Nolan (aged 28), in September 2007.

He has also denied recklessly or intentionally causing serious harm to James Carroll (aged 30) on the same night, at Mr Nolan's apartment in Cedarbrook Walk.

Mr Nolan was stabbed five times, including the fatal wound to his heart, and Mr Carroll survived two stab wounds to his heart and abdomen.

Following his arrest, Mr Toland told gardaí that the two men attacked him in the early hours of Saturday September 8, 2007, after the three had spent the night drinking and playing poker together.

He said Mr Nolan produced a knife, and in the ensuing struggle, he managed to get the knife and held it out in front of him, “jabbing and swinging” at the two men in an effort to keep them back.

He said that Mr Nolan was aware of his health problems, and knew that one “blow to the head” would kill him, and that he was afraid the men were going to give him “a hiding”.

Mr Toland said he was in fear of his life and anything that happened that night happened in self-defence.

Yesterday, Dr Bergin told the court that the accused had a history of vein thrombotic disease, and was on warfarin, a blood-thinning drug which prevents blood clots from forming, but can increase the risk of “life-threatening” bleeding.

The court heard that because of the medication, Mr Toland was at risk of both spontaneous bleeding and bleeding as a result of trauma.

Dr Bergin said that when Mr Toland was under his care in St James's hospital, he had suffered a bleed from one of the major blood vessels in his lungs.

Mr Toland remained in hospital for up to six weeks.

The court has previously heard that the accused also had to have half a lung removed.

Dr Bergin told the court that at the time of the alleged attack, Mr Toland's “lungs were no longer a problem...there had been evidence of resolution” but that he had a blood infection which was an ongoing problem for him, and he was still on warfarin.

The jury of six men and six women has already heard evidence from Mr Carroll, who said he was not aware that Mr Toland had health problems.

Mr Carroll told the court that the accused and Mr Nolan had argued and scuffled downstairs on the night in question, and then the two friends had gone upstairs to sort things out.

He said he heard a commotion and ran upstairs to find Mr Nolan lying on the bed, and the accused sitting astride his chest, using his legs to pin his friend's arms down.

Mr Carroll said Mr Nolan shouted at him to get the accused out of the house, and that Mr Toland began to back towards the stairs, holding the knife in front of him.

The witness said they got as far as the front door, but as Mr Toland was backing out of the door to leave, Mr Nolan shouted something that sent him “into a rage.”

He said the accused then “barged” through him to get to Mr Nolan, stabbing him in the process before he blacked out.

Mr Toland denied to Gardai that anything had happened at the front door.

Mr Justice Patrick McCarthy told the jury that the evidence in the trial has concluded and they will hear closing speeches from the prosecution and defence teams tomorrow.