Friday 30 September 2016

Man (34) on trial for David Spain's murder deliberately used a knife in a 'cold and calculated' way

Anne Sharkey

Published 30/07/2015 | 14:37

Gardai at the scene of the death on Rathsallagh Park, Shankill, Co Dublin. Inset: Victim David Spain
Gardai at the scene of the death on Rathsallagh Park, Shankill, Co Dublin. Inset: Victim David Spain

A Dublin man on trial for murder deliberately used a knife in a "cold and calculated" way, the prosecution has told the jury.

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Wayne Kennedy (34) with an address at Rathsallagh Park in Shankill, Co. Dublin is charged with murdering David Spain on December 26th, 2013 at this address as well as intentionally or recklessly causing serious harm to Sean Turner on the same date.

Last week at the Central Criminal Court Mr Kennedy pleaded not guilty to both counts.

Prosecuting counsel, Mr Paddy McCarthy SC told the Central Criminal Court today in his closing speech, that the accused deliberately used a knife to cause injury.

"A knife going into your body is going to cause serious injury - this was cold and calculated. This was a deliberate use of the knife to cause injury," he said.

"If you are going to a straightener (fight) you don't bring a knife," he added.

Counsel for the defence, Mr Remy Farrell SC reminded the jury in his closing speech that Sean Turner was the first person to mention a fight by text message.

"Wayne Kennedy was looking (by text) for the return of fifty euro. What's the response? 'I'll fight ya'," he said.

"This wasn't a straightener: this was an ambush," concluded Mr Farrell.

Closing speeches in the trial continue this afternoon before Mr Justice Patrick McCarthy and a jury of 10 men and two women.

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