Detective questioned over CCTV footage in ‘Shay’ O’Byrne murder trial
A DETECTIVE dealing with CCTV footage of suspects continues to be cross examined at a murder trial in the Central Criminal Court.
D Garda Michael McGrath was being questioned by a barrister representing a Wicklow man charged with murdering a young father at his Dublin home in March 2009.
Garrett O'Brien (35) of Clover Hill in Bray is on trial accused of shooting dead father-of-two Séamus O'Byrne in front of his girlfriend and baby son.
A man wearing a dark, hooded tracksuit shot the 27-year-old five times in the driveway of his house at Tymon Park North, Tallaght on March 13th that year.
Mr O’Brien has pleaded not guilty to Mr O’Byrne’s murder and to possessing a firearm with intent to endanger life on the same occasion.
Feargal Kavanagh SC, defending, today asked D Gda McGrath to look again at footage of a man the detective said was the accused in a shop just over three hours before the killing.
The detective agreed that the man in the footage was not wearing gloves and held the door open for a woman to come into the shop as he left.
“The actions of a cold-blooded killer, is that right?” asked Mr Kavanagh.
Alexander Owens SC, prosecuting, suggested that this was comment and Mr Kavanagh said he would ‘move on’.
Mr Kavanagh then asked him to watch footage taken about an hour and a half before the killing. The footage showed a man the detective also said was the accused in a shop about a mile from the murder scene.
D Gda McGrath agreed again that the man was not wearing gloves.
“No, the only (other) thing he’s wearing is the waterproofs,” he said.
“I don’t think it was raining,” he added, agreeing that it didn’t have to be raining to wear water-proof gear.
He agreed that the man also bought two cans of red bull and handled them without wearing gloves. He said he wasn’t part of the team that investigated a can of red bull found at the murder scene.
Mr Kavanagh also asked him about footage of another suspect taken before the murder, asking him to look in particular at his grey tracksuit top.
The detective had identified the man as being the same man arrested with gunshot residue on his hand and clothes just hours after the murder.
“Did you ever get the impression that this man might be wearing some body armour?” he asked.
“No,” replied the detective, adding that he couldn’t say what the man was wearing under his top.
The trial before Ms Justice Iseult O'Malley has now entered legal argument and she told the jury of eight men and four women not to return until Tuesday morning.