Jury sees CCTV of murder accused

A Wicklow man on trial for the murder of a 27-year-old father of two was captured on CCTV footage purchasing a can of Red Bull, later found at the scene of the killing.

Garrett O’Brien (aged 34), of Clover Hill, Bray denies fatally shooting Seamus O’Byrne in the driveway of his home at Tymon Park North, Tallaght 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.

The prosecution allege Garrett O’Brien was the hooded gunman who shot Mr O’Byrne in the back before struggling with his partner, Sharon Rattigan, who was also shot in the leg.

The jury were shown CCTV footage from a Topaz petrol station in Brennanstown, Bray recorded on March 11, 2009.

Two men were seen exiting a red car, one of the men was wearing a navy baseball cap with a beige trim, a navy top with white piping at the bottom and dark trousers.

Det Gda Michael McGarry identified this man as Garrett O’Brien noting his distinctive manner of walking.

"The manner in which he walks is unusual; he walks with his feet outwards taking small steps," he said.

Det McGarry told Mr Alexander Owens SC , prosecuting, that he was familiar with Mr O’Brien’s appearance from the time of his arrest and a photograph taken of him while he was in custody.

Footage from the Spar at Ballymount Industrial Estate, on the evening of the 12th March, 2009, captured a white Nissan Micra park in front of the shop and a man in a baseball cap and dark clothing walk inside.

Det McGarry identified the man as Garrett O’Brien saying: "This man is Garrett O’ Brien, he is in the exact same clothing and has the same distinctive gait as the man in Topaz the previous day."

The man was seen purchasing a can of Red Bull and a coffee before exiting and driving off in the white Nissan Micra.

Earlier in the trial, the jury had been told that gardaí had found a broken black Nokia mobile phone and a can of Red Bull on the ground outside Mr O‘Byrne‘s home.

The prosecution claim these items fell out of Mr O’Brien’s pockets during his struggle with Ms Rattigan.

The jury were also shown footage from the car park at the back of the Red Cow Moran’s Hotel.

The footage dated from the 12th March 2009, the day before the killing, showed a white Nissan Micra, alleged to belong to Mr O’Brien, and two other vehicles, a silver Ford Transit van and a blue Volkswagen Estate, park alongside one another.

Some of the passengers of these cars got out and there appeared to be interaction amongst them before they returned to their cars and drove off.

It is the prosecutions case that Mr O’Brien was part of a gang who had, for two days prior to the shooting, been plotting to kill Mr O’Byrne at his home.

They claim that the car park was a rendezvous point for the gang in the days prior to the shooting.

The trial resumes tomorrow morning before Mr Justice Patrick McCarthy.