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Tuesday 30 September 2014

Witness heard someone say 'I’ll kill you, I’ll kill you, come out, come out,' court hears

Jury in the trial of two Dublin youths charged with murdering one German student and injuring another views CCTV footage of the night in question.

Published 15/05/2014 | 18:44

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The jury in the trial of two Dublin youths charged with murdering one German student and injuring another in the city a year and a half ago, has been watching CCTV footage of the night in question.

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Thomas Heinrich and Robert Rinker were stabbed on St Anthony’s Road in Rialto on December 1, 2012. Mr Rinker survived but 22-year-old Mr Heinrich died.

Wesley Kelly (20) of St Anthony’s Road has pleaded not guilty at the Central Criminal Court to murdering Mr Heinrich and to assault causing harm to Mr Rinker.

A 17-year-old, who cannot be named because of his age, also denies both charges.

Tara Burns SC, prosecuting, told the court in her opening statement that both accused had gone looking for a fight and were being prosecuted on the basis of joint enterprise.

Today Ms Burns confirmed with Garda Ciaran Byrne that the jury was looking at a view of the camera in the apartments.

Mr Heinrich was seen gaining access to the apartments at 4.34am and he was later seen letting in Mr Rinker, Julia Weidler and a friend called Lars.

Mr Rinker is viewed on camera going out of the apartments and at 5.20am Mr Heinrich is seen coming down to the lobby.

Lars is then seen going out the door and letting Mr Heinrich and Mr Rinker back into the hallway, the court was told. At 5.30am Mr Rinker went out again.

The court was told that Mr Rinker hit the younger of the two accused and that his co-accused Mr Kelly was seen behind him.

Garda Byrne identified the two youths in the CCTV.

The door then closed and Mr Heinrich is then seen coming down again.

Mr Rinker and Mr Heinrich went back out of the apartments and were followed in to the apartment by the two men, the court was told.

Gda Byrne agreed with Ms Donnelly under cross-examination that the camera that leads to the forecourt is not in operation.

Julia Weidler was studying in Griffith College with the two men and she went to a social evening where she saw Mr Heinrich. She told the court a group went to the apartment in St. Anthony’s road.

The witness said the men wanted to have a cigarette on the balcony but she said she stayed inside the whole time.

She said she heard noises from outside like people screaming and loud noises coming from downstairs.

Ms Weidler said Mr Heinrich and Mr Rinker went outside. She said she remembered they were angry about something and were saying: “they have knives.”

Mr Heinrich and Mr Rinker went downstairs with knives but were only going to use them “to scare them away,” she told the court.

Before Mr Rinker went downstairs for the last time he had blood on his throat, she testified.

She said she asked Mr Rinker where the blood came from but he didn’t say anything.

Ms Weidler said that before the pair went downstairs for the last time and Mr Rinker had the blood on him that they had knives with them.

“When they went downstairs Thomas gave me his phone and said I should check the number for the police,” she said.

She said when the men came back up they were injured heavily and Mr Heinrich collapsed on the floor.

The emergency services were contacted and they were advised to do first aid.

“They came in really fast and Thomas collapsed on the floor,” she said.

Under cross-examination by Ms Aileen Donnelly SC defending Mr Kelly the witness agreed that the phrase “they have knives” was not used.

The witness agreed with counsel that the phrase used was “they have a knife.”

She further agreed that Mr Rinker had two knives and Mr Heinrich had one.

Firefighter Linda Scully told Ms Burns when she went into the apartment block on St Anthony’s Road she noticed blood and a knife on the ground.

She went into the apartment and Mr Heinrich was on the ground and another man was on the sofa.

She said Mr Heinrich had a laceration to his stomach and a small portion of his internal organs were protruding.

Ms Scully said there was a puncture wound on his upper chest and he looked like he was deteriorating rapidly.

The witness said when he was carried downstairs he started bleeding heavily from his stomach and went into cardiac arrest.

She told the court that he was resuscitated and he started breathing again when he arrived at St. James’s Hospital where he was handed over to A&E staff.

Firefighter Kevin Manley said that when he and Ms Scully arrived at the scene there was a man lying on the living room floor and another man was holding a tea towel against his stomach.

He testified that a man on the couch had four of five slash wounds to his body and a puncture wound to his back. He said his name was Robert.

He said he dressed his wounds and waited for the HSE ambulance to arrive.

Mr Manley said that on entrance there was a small kitchen knife on the floor and blood spatter all the way up the stairs.

Detective Garda John Holland said Reserve Garda Mark Malone pointed out two knives on the ground at the apartment block.

He said when he went inside he noticed blood drops on the floor and inside he said he saw another knife and a pair of glasses.

The witness said he sealed off the scene and found a fourth knife about 30 to 40 metres down the footpath, which had blood on it.

Ms Louise McCarthy who was living in the apartment block said she heard a loud noise and a scream outside her room that night.

She said she could hear someone say “I’ll kill you, I’ll kill you, come out, come out.”

Ms McCarthy said it was a male voice with a very strong Dublin accent and when she looked out her window she could see a man on the footpath with a long-sleeved dark top on.

She said she went back to bed and got back out of it when she heard another voice in a foreign accent roaring down the road.

She then heard a Dublin accent and saw two people when she looked outside. One of them was really agitated, she said.

He was looking for bottles or stones to be thrown across the road and he picked up an object to throw it but it didn’t go too far, she added.

She said both were tall but one of them was taller. The two of them crossed the road, she said.

Ms McCarthy said she just saw the man with the short-sleeved black top standing over a man and she rang the guards.

The trial continues.

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