Accused claims he wouldn't murder his 'worst enemy'

A Wicklow man on trial for the fatal shooting of a 27-year-old, father of two told Gardaí he was no murderer and couldn’t kill his worst enemy, the Central Criminal Court heard today.

Garret O’Brien (aged 34), of Clover Hill, Bray has pleaded not guilty to the murder of Seamus ’’Shay’’ 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.

During several interviews conducted at Tallaght Garda Station on March 16, 2009 Mr O’Brien told Det Gda Colin Rochford he had no role in the killing of Seamus O’Byrne.

He said: "I might be a lot of things but I’m no murderer, I couldn’t do it to my worst enemy."

When asked by Det Gda Rochford where he was on the night of the shooting Mr O’Brien replied that he had spent the evening at his sisters house in Bray.

"The reason I know for sure where I was is because I’m superstitious and I didn’t want to move because of my superstition, it was Friday the 13th," he said.

Mr O’Brien told gardai he couldn’t remember the route he took to walk home as he was "out of it" having taken valium, methadone and cannabis.

When asked by Gardaí if he had received the marks on his hands and wrists during a struggle Mr O’Brien replied: "Would you give it a rest; that’s a birthmark."

He denied being in Tallaght on the night of the shooting saying: "I gave you my whereabouts and I gave you my alibi."

"There are ones outside laughing getting away with it, look into my background I’m not a murder. I don’t know Shay."

The prosecution is expected to conclude their evidence on Monday, when the trial will resume.

Mr Justice Patrick McCarthy informed the jury that he would be unavailable on Thursday and Friday as he had a conference to attend.