Pick-axe handle murder accused claims self-defence
The evidence was heard on the second day of the trial of 23-year-old Gary Kirby at the Central Criminal Court in Limerick.
Mr Kirby of 89 Hyde Road, Limerick, denies the murder of Trevor McNamara (25) at 390 O'Malley Park, Southill, on September 13, 2002.
The jury heard evidence yesterday from gardai who arrested Mr Kirby at the scene. Mr Kirby had just moved into a rented house in O'Malley Park and he didn't know anyone in the Southill area of Limerick. He conceded that he had kept a pick-axe handle in the house in case anyone came to fight him, the court heard.
On September 13, 2002, he was trying to cook a boil-in-the-bag curry, but he didn't have a light for the gas cooker.
Mr Kirby went outside the house where he saw a man, who he later recognised as Melvin McNamara's brother, walking up the road and he asked him for a light.
Mr McNamara was drunk and he was drinking cider from a plastic two-litre bottle. He said he would give Mr Kirby a light and then he pushed his way into the house and went into the living room area, the court heard.
The victim said to Mr Kirby, "You think Melvin and me are rats".
Mr Kirby told him to leave the house and as Mr McNamara went to put his jacket back on, the accused saw him taking out a knife so he knew he was "ready to start", the court heard.
In the interview with gardai, Mr Kirby said he picked up the pick-axe handle and hit Mr McNamara with it about five times. The victim dropped the knife that fell to the ground, and then Mr Kirby picked up the knife and ran straight into Mr McNamara with it.
The State Pathologist, Dr Marie Cassidy, also gave evidence yesterday of a post-mortem examination carried out on Mr McNamara's body. She said the victim had suffered six lacerations to the scalp and that his skull had been fractured.
He also had five superficial stab wounds to the neck and a further five stab wounds to the chest.
Dr Cassidy added that there was no evidence of any typical knife-defence wounds.
The trial continues today.
- Karl Hanlon
