Another man answered phone of victim, murder trial hears

The partner of a man whose body was found in the boot of his own car has told his killer's murder trial of his alleged killer that she became concerned for her boyfriend's safety after another man answered his mobile phone.

Joleen Smyth was giving evidence at the Central Criminal Court in the trial of Stephen Penrose (aged 27), who denies murdering Smyth's boyfriend, David Sharkey, at an apartment in Blackcastle, Navan in May last year.

The accused has pleaded guilty to manslaughter, but the DPP has rejected the plea and lawyers for the State are arguing that Mr Penrose murdered Mr Sharkey (aged 28), during an apparent drugs deal, on May 17, 2009.

Under cross-examination by senior defence counsel, Mr Patrick Marrinan SC, Ms Smyth admitted that she was aware David Sharkey was involved in drug dealing while they were together.

She said he was very secretive about his activities and never kept drugs in the apartment where they lived together.

Ms Smyth told Mr Marinan she knew of no one who “harboured any animosity towards” David and said he was not under threat from anyone.

“He wasn't living in fear of anyone, is that a fair assessment?” Mr Marinan asked.

“That's right” Ms Smyth replied, describing Mr Sharkey as a good partner to her and a good father to his seven-year-old daughter.

She said she remembered David receiving a text message from a woman during the afternoon in question. He eventually told her it was from a woman asking him to supply some drugs.

He left the house at around 8pm that evening, and never returned.

At around 9pm she became concerned that he had been gone so long, and tried ringing his phone, which repeatedly rang out.

Some time later she received a text message from his number saying “on me way now”.

“He would never say that. I thought something had happened because he would never let anyone at his phone.”

After repeatedly ringing his phone, another man answered saying “he'll call you back” and hung up.

After that his phone was switched off.

The jury has been told that Mr Sharkey was invited to come to an apartment at Parkview, Blackcastle in Navan on the evening in question by a woman “at the behest of Stephen Penrose”.

Mr Paul Green SC for the prosecution said Mr Sharkey arrived there in his BMW to drop off one ounce of a controlled drug. But he said an argument broke out between him and Mr Penrose, during which the accused produced a knife and stabbed Mr Sharkey.

He sustained 10 “significant” stab wounds.

The accused and another woman were seen leaving the apartment a few minutes later, carrying what appeared to be a body covered with a wrapping.

Two Garda officers who were on patrol in Dunsink Lane in Finglas later that evening, gave evidence of observing a man driving a grey BMW.

They followed it into St Joseph's Park halting site, but by the time they reached the area, the driver was gone and the car was left parked at an unusual angle.

After searching the vehicle, they found the blood-covered remains of David Sharkey in the boot.

A black refuse bag containing a man and a woman's blood-stained clothes and a container with petrol were also found.

Gardaí carried out land and air searches that evening but were unable to locate the driver.

The trial resumes in the morning before the jury of six men and six women.