Murder trial hears closing arguments

The jury in the trial of a Dublin man accused of murdering his close friend and causing serious harm to a second man, will begin its deliberations tomorrow.

In closing speeches today counsel for the prosecution, Mr Anthony Salmon SC, told the jury it would have to consider if the accused, Martin Toland, had been “telling lies” and if part of his account was “an invention.”

The 34-year-old, of Walkinstown Park, has denied murdering Alan Nolan (aged 28), and has also pleaded not guilty to intentionally or recklessly causing serious harm to James Carroll (aged 30).

The incident happened at the deceased's apartment in Cedarbrook Walk, Ballyfermot in the early hours of September 8, 2007, after the three men had spent the night drinking and playing computer games and cards.

Mr Toland told gardai that he was acting in self-defence because he was “in fear of his life” after the two men had tried to attack him.

“In self-defence he managed to stick two men in the heart” Mr Salmon said to the jury “There were four other stab wounds to Alan Nolan that he doesn't account for. He can't account for how James Carroll obtained his life-threatening injury to his heart.”

The Central Criminal Court has heard evidence that a scuffle broke out between the accused and Mr Nolan in the downstairs living room, over a series of phone calls and texts the deceased had been receiving that night.

The two friends then went upstairs to talk things over, but, the accused told gardai, his friend produced a knife and came towards him, but tripped on the duvet, and in the ensuing struggle, Mr Toland got the knife.

Then he said Mr Carroll appeared on the scene and the two men began advancing towards him, while he held the knife in front of him “jabbing” it and backing away.

Mr Salmon asked the jury to carefully examine Mr Toland's account of the production of the knife.

“If that is truthful, then what it suggests is that the duvet was on the floor, now how did it get back on the bed?...On the evidence as I understand it, you won't find anything or anybody saying 'oh that person put it back up'. You won't find it because I suggest to you that it was never on the floor to trip Alan up” Mr Salmon said.

He suggested that this aspect of the account was an “invention” to “create a scenario” whereby the accused got Mr Nolan onto the bed, then pinned his friend's arms down and got the knife from him.

“He's not desirous of being truthful, open and transparent...he's being guarded and trying to keep his options open” Mr Salmon went on.

Countering this suggestion, counsel for the defence, Mr Diarmuid McGuinness SC, put it to the jury that “there's not everyone who makes their bed every morning and puts the duvet perfectly on the bed...the prosecution is asking you to speculate on this.”

Mr McGuinness reminded the jury that there was no evidence to suggest where the duvet had been, and that the gardaí had not asked the accused about it.

The jury was also asked by the prosecution to consider how Mr Toland had told gardaí that after he began backing away from the men upstairs, all three “ended up downstairs.”

“There is no suggestion of a tumble” Mr Salmon said “... you have Mr Toland creating a blank canvas...subsequently when his tale grows legs, he develops that into some form of stumbling.”

“He doesn't go into any real detail at all and yet it is this process of stumbling that later is suggested is the mechanism whereby stab wounds are inflicted.”

Mr McGuinness then asked the jury to consider the accused's “horrific” medical problems, which he said were akin to those suffered by a haemophiliac.

“Mr Toland is a person who is in a different category from you or I perhaps, in the event of an attack” Mr McGuinness said, referring to the fact that the accused was on warfarin, a drug which prevents the blood from clotting, at the time of the attack.

He also asked the jury to examine the content of the 999 call that Mr Toland made in the minutes following the incident, during which he asked for an ambulance to be sent immediately and gave Mr Nolan CPR.

The accused told the 999 operator that his two friends had attacked him, but that he wasn't going to run and leave them.

“It's beyond any reasonable expectation to believe Mr Toland would be so evil as to tailor the account,” Mr McGuinness said to the jury.

Mr McGuinness continued that there was no intent on Mr Toland's part to kill or cause serious harm and the jury should acquit him on both charges.

Mr Justice Patrick McCarthy will complete his charge to the jury tomorrow after which it will retire to consider its verdict.