Prosecution opens Cavan murder trial

A jury at the trial of a Cavan man accused of murder heard he had blown away the deceased with a shotgun as his partner slept in the bed beside him.

Trevor McCabe (aged 35), Mountpleasant, Ballyconnell, Co. Cavan, has pleaded not guilty to murdering Darren McGrath (aged 33) in Belturbet, Co. Cavan on May 20, 2008.

Opening the case in the Central Criminal Court today Mr Anthony Sammon SC, prosecuting, said it was the State’s case that Trevor McCabe had shot Mr McGrath twice while he slept.

Mr Sammon said: "These shots literally blew Darren McGrath away."

The court heard that shortly before 5am on the morning of the killing a man came into the bedroom of Darren McGrath and his partner Nicole Lennon, while both slept.

Nicole Lennon was awakened by the presence of someone in the room and a man leaned over her and fired twice at Darren McGrath.

Ms Lennon will give evidence that this man was the accused Trevor McCabe.

Prosecuting counsel told the jury that Ms Lennon’s visual identification of the accused was only part of the evidence which would be presented during the trial.

Important evidence will be given that Trevor McCabe was involved in a serious accident three years ago in which his left leg was seriously injured.

Mr Sammon said this was "extremely significant" as a neighbour of Darren McGrath will give evidence that on the morning in question he was awoken by the two shotgun blasts.

He looked out of his window and saw two men walking away from Mr McGrath’s home one of whom had an obvious limp.

The jury were told that Nicole Lennon was "very definite" from the beginning that Trevor McCabe was the shooter.

A neighbour who went into Mr McGrath’s house after the shooting will say she heard Nicole Lennon say: "It was Trevor".

Prosecuting counsel said Nicole Lennon had known Trevor McCabe for two years prior to the shooting but they were "not particularly friendly".

The accused had attended the christening of Darren McGrath and Nicole Lennon’s child.

Mr Sammon said CCTV footage showing Trevor McCabe at a petrol station in Dromore, Co. Tyrone, approximately an hour and a half before the killing, driving a black Civic Honda car would yield extremely important evidence.

The court heard the footage will show Trevor McCabe walking without the aid of a crutch.

Mr Sammon said: "This is very important because the prosecution are going to place a lot of stress on what we say are lies told by Trevor McCabe after he was arrested.

"He claimed to investigating guards that he had a crutch and that he could not walk without one.

"It is the prosecution’s case Trevor McCabe was able to walk without a crutch and that he was able to murder Darren McGrath without a crutch."

The jury were told the accused was arrested some days after the killing in Dublin and a passport, that did not belong to him, was found in his possession.

Mr Sammon said: "If a person does something and runs away it may constitute an admission by conduct."

He told the jury all of this evidence would add up and show that Nicole Lennon was "dead right" when she came to the view Trevor McCabe had killed her partner.

The trial continues tomorrow before Mr Justice Barry White an a jury of eight women and four men.