Witness responds: ‘You were not there. You don’t know what happened so don’t suggest.’
A witness who alleged that a man on trial for murder punched and dragged a 59-year-old man from his apartment was described as devious by a defence lawyer.
David O’Loughlin, aged 31, with an address at Garden City Apartments, North Main St, Cork, has pleaded not guilty to the charge of murdering Liam Manley, aged 59, at Garden City Apartments on May 12, 2013, at the Central Criminal Court sitting in Cork.
The deceased’s remains were found in a rubbish chute.
David O’Mahony, of Riverview Estate, Ballyvolane, was in the witness box at Courtroom 6 throughout Friday. Under cross-examination by Michael O’Higgins, the witness said:
“I am not going to sit here and be downgraded by someone who doesn’t know anything about what happened on the night.”
Mr O’Higgins said: “You are a devious witness — you are laughing (in response). Whenever an inconsistency is pointed out, you move around the chairs.”
Mr O’Mahony, who is in his mid-20s, replied: “Devious. That is a great word to use to somebody. It is a very good word to use.”
Mr O’Higgins said: “You are lying.”
Mr O’Mahony replied: “You were not there. You didn’t witness (anything). I know what happened.”
Mr O’Mahony testified that when he arrived at Mr O’Loughlin’s apartment on the top floor of the Garden City apartments complex, he said the late Mr Manley was sitting down having a beer and he said he did not know why he and the accused were drinking together in the apartment.
“There was no lights, it was the early hours, it was a weird feeling, it was an eerie feeling,” said Mr O’Mahony.
In relation to allegations by Mr O’Mahony that the accused had called the deceased a paedophile and kiddy-fiddler, Mr O’Higgins suggested it was the witness who called Mr Manley these names.
Mr O’Mahony said: “I never called any man a paedophile... That is defamation of character. I never said that. You were not there. You don’t know what happened so don’t suggest. Thank you very much.”
Mr O’Mahony repeated his evidence of what Mr O’Loughlin allegedly did in the apartment: “He dragged him out of the apartment. He was after giving him a couple of punches in the face. The man’s nose was flattened to his face.
“He dragged him out, brought him out of the apartment. I asked him to stop. He brought him out. Whatever happened outside I don’t know what happened outside the door.”
Mr O’Higgins said:
“Far from being horrified by what was going on, you were cheering it on.”
Mr O’Mahony said: “That is defamation of me and I don’t like it one bit.”
Mr O’Higgins said: “Not alone were you there [outside the apartment] but you assisted Mr O’Loughlin in putting Mr Manley in the chute.”
Mr O’Mahony replied: “That is incorrect. What you are saying is bullshit. Everything you are saying is incorrect and misleading.”
The case before Ms Justice Tara Burns and a jury of seven women and five men continues today.