independent

Thursday 24 April 2014

Man denies filming fight on night of boys' fatal stabbing

A YOUNG man has denied in court that he and his friends videoed the initial altercation between them and two men prior to the stabbing of a 15-year-old schoolboy.

Bobby Kuti (18) agreed that it was common among young people to take photos and videos of incidents and upload them onto the internet. But he said this had not happened just before the stabbing of Toyosi Shittabey.

Gardai had asked him if any videos had been taken, he said, adding: "I told them no, it wasn't videoed."

Mr Kuti also denied that he was the aggressor of the group of five black boys and five white girls who became involved in an altercation with brothers Michael and Paul Barry outside the latter's house at Mount Garrett in Tyrrelstown, Dublin.

It was day three of the trial at the Central Criminal Court of Michael Barry (26), who has pleaded not guilty to the murder of Nigerian teenager Toyosi on April 2, 2010 at The Boulevard, Mount Eustace, in Tyrrelstown, Dublin 15.

Mr Barry, of Pigeon House Road, Ringsend, Dublin 4, has also pleaded not guilty to producing a baseball bat in the course of a dispute.

It is the prosecution's case that Mr Barry's brother Paul, who is now deceased, inflicted the stab wound on Toyosi Shittabey but that Michael was an accessory to the murder.

Defence counsel Patrick Gageby put it to Mr Kuti that he had originally said he did not have his mobile phone with him on the night of the stabbing – but that he had phoned a friend shortly after Toyosi had been stabbed.

He replied: "If I did have a phone, I don't remember what happened to it" He agreed with Mr Gageby that he was "unlucky with phones". He is before the courts on separate charges of handling stolen goods in relation to an alleged scam involving stolen and forged credit cards and a mobile phone.

He told defence counsel he did not recollect telling Michael and Paul Barry "if you f**k with me, you f**k with my boys", before punching Paul Barry.

A second witness told the trial that he and the four other black males all hit both Paul and Michael Barry outside the house in Mount Garrett.

Gracia Lulendo (18) said that all five male teenagers joined in with the altercation and that a woman came out of the house and shouted "N*****s, get away from him" in relation to Paul Barry who was on the ground, being punched.

Knife

He described when they got to the roundabout at The Boulevard they saw a black jeep coming towards them.

"A short guy got out of the passenger side and ran towards us with a black, kitchen knife."

He could not get away as the shorter man was coming closer to him. Toyosi realised he was in trouble and ran towards the man with the knife and jumped on him to try and hit him.

"The fella turned around and got Toyosi in the chest," said the witness. "He then took the knife out of Toyosi's chest and started to smile and laugh before he got back into the jeep."

The trial continues.

Irish Independent

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