Murder trial of Wicklow man continues

The car alleged to belong to a Wicklow man, on trial for the fatal shooting of a 27-year-old father of two, was seen in the vicinity of the killing a short time later, the Central Criminal Court heard today.

Garret O’Brien (aged 34), of Clover Hill, Bray has pleaded not guilty to the murder of Seamus O’Byrne who was shot five times in the back, by a hooded gunman, in the driveway of his home at Tymon Park North on March 13, 2009.

He has also pleaded not guilty to a second charge of possessing a firearm with intent to endanger life on the same date.

Giving evidence on the eight day of the trial David Mooney, who lives in Castle Lawns an estate adjacent to Tymon Park North in Tallaght, told the court he saw a white Nissan Micra drive past three or four times at around 10pm, as he sat in his girlfriend’s car parked outside his house.

The car was moving very slowly and the windows were open allowing Mr Mooney to get a look at the driver who was of a stocky build and "completely bald".

It is the prosecution's case that the white Nissan Micra belonged to Garret O’Brien, they claim that after killing Mr O’Byrne at around 8:15pm he went back to Bray, shaved his head and then returned to the scene of the crime to try and retrieve his mobile phone.

Mr Mooney told the court that he was aware some incident had occurred earlier due to heavy garda presence.

He rang Tallaght Garda Station after seeing the Nissan Micra and gave gardaí the vehicle registration number.

Under cross-examination Mr Mooney claimed he had no idea what the man was doing; he said; "he could have been trying to deliver pizza; I don’t know".

Earlier in the trial, the prosecution had told the jury that Garrett O’Brien was part of a gang who, for two days prior to the shooting, had plotted to kill Mr O’Byrne at his home.

Mr Alexander Owens SC, prosecuting, said gardaí had discovered a broken black Nokia mobile phone at the scene of the killing and it was this Mr O’Brien was trying to retrieve.

The trial resumes tomorrow morning before Mr Justice Patrick McCarthy.