Returning emigrant murdered after man brought knife to 'straightener' fight over €50, court hears
Wayne Kennedy accused of murdering David Spain and stabbing a professional boxer on St Stephen's Day, 2013
Published 23/07/2015 | 14:31
A DUBLIN man has gone on trial accused of murdering a 26 year old man in Shankill and stabbing a professional boxer after a fight over a debt of €50.
Wayne Kennedy (33) with an address at Rathsallagh Park in Shankill, Co Dublin is charged with murdering David Spain on December 26 2013 at this address as well as intentionally or recklessly causing serious harm to Sean Turner (24) on the same date.
On Monday at the Central Criminal Court Mr Kennedy pleaded not guilty to both counts.
This morning prosecution counsel Mr Paddy McCarthy SC told the jury of ten men and two women that at 4.45am on the morning of Stephen’s Day 2013 Mr Kennedy, who had been out the previous evening, sent a text message to Sean Turner which said: “Enough is enough you owe me €50 for months now, I don’t want to fall out with you but you’re taking the piss now.”
Prosecution counsel told the court that this incident occurred over a debt of €50 which had been owed to Mr Kennedy for two months.
The court heard that Mr Turner, who is a professional boxer and was aged 22 at the time, replied saying: “Are you trying to be smart?”
The accused then allegedly replied: “Enough is enough I’ll meet you now.”
The two men then turned up in a green area at the front of Rathsallagh Park for a “straightener or a fight."
The barrister said Mr Turner came out of his friend Mr Spain's house, where he had been at a party, and went to the centre of the green in the estate to wait for Mr Kennedy, who was coming from his own home.
"Unfortunately Mr Kennedy brought a knife with him to meet Mr Turner and they grappled," said the prosecution counsel.
"Mr Spain wasn't as well known to Mr Kennedy as Mr Turner. The deceased was just back from Australia for Christmas and was celebrating in his house at the time," said Mr McCarthy.
The barrister told the court that Mr Turner received two knife wounds which broke into his ribs and into his abdomen causing "considerable injury" and were "potentially fatal" .
"If it went untreated it could have resulted in a fatal injury and Mr Turner lost about five pints of blood but he survived his injury," added the barrister.
The court heard Mr Turner ran back in the direction of the deceased's house shouting he had been stabbed.
Mr Spain then came from his home to run after the accused Mr Kennedy, who was running to his own house.
"Having been informed that Mr Kennedy had a knife, Mr Spain wrapped his jacket around his left hand when he came in contact with the accused and a fight pursued," said Mr McCarthy.
The court heard Mr Spain threw a number of punches at Mr Kennedy, who had a knife in his right hand and stabbed the deceased six times.
Both men were taken to St Vincent’s Hospital where Mr Turner was operated on and Mr Spain was pronounced dead on arrival.
"Mr Kennedy goes into his house for ten minutes and is seen leaving his house at 5.34am, we know he knows what he doing as he uses Facebook to send a message to his friend saying please ring, I just murdered someone," said Mr McCarthy.
At 8.45am another message was sent saying "please ring again I've no one else" the court heard.
"We know from this phone call that Mr Kennedy knew what he was doing. He turns up at the garda station at 11am on the same day with his girlfriend and is arrested and makes a statement. He said he didn't know what he did as Mr Spain had put a jacket over his head and he was swinging out," said the prosecution counsel.
"Mr Kennedy went to a friend's house where he stayed for some time and sent Facebook messages which I say is an admission of guilt. When you hear all the evidence you will be entitled to bring in a verdict of guilty on both counts," he said.
The trial before Mr Justice Patrick McCarthy is expected to last five days.