Professional boxer was 'drunk and high' when he threw rock at head of murder accused
Wayne Kennedy accused of murdering David Spain and stabbing a professional boxer on St Stephen's Day, 2013
A jury has heard that a professional boxer threw a rock at the head of a Dublin man accused of causing him serious harm and murdering another man.
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 called Sean Turner to give evidence who was then 22 years of age and an amateur boxer at the time.
In cross examination defence counsel Mr Remy Farrell SC put it to Mr Turner how in his second statement to gardai he gave a more elaborate account of what he had drunk on the night in question.
"You said in your first statement on December 27 2013 you had a few drinks of Bulmers but in the second statement dated January 3 2014 you said you had vodka and three lines of coke which is something you hadn't told gardai about?" put Mr Farrell to the witness.
"Is that a lot of drinks and drugs for you to take, you wouldn't normally take that as an athlete? So you were drunk and high? " asked Mr Farrell.
"Yes" replied Mr Turner.
Mr Farrell then put it to the witness when he made his first statement to gardai he said it was the accused who was looking for a "straightener" which was untrue?
"Yes" replied Mr Turner.
"Wayne Kennedy is saying to you if you really want to meet, he will meet but this is stupid, again you are looking to fight Mr Kennedy? You're insisting on the straightener?” asks Mr Farrell.
"Right" replied the witness.
Mr Farrell then asked Mr Turner why he brought his friend from his boxing club Simon Dowd also known as "Wexie" to the "straightener"?
"In case Wayne had any of his friends with him," replied Mr Turner.
"Mr Kennedy told you he was coming alone," replied the defence counsel.
Mr Farrell then put it to the 24 year old that he was "mouthing off" at the party in David Spain's house, showing everyone the text messages from Wayne Kennedy, making it clear he was going to go and sort him out?
"I don’t recollect it. Maybe I was," said Mr Turner.
The court heard in advance of the fight Mr Turner picked up a rock when he saw Mr Kennedy come out of his house.
Mr Farrell asked the witness what Mr Kennedy said as he approached and saw his friend "Wexy" with him?
"He said I thought you were on your own," replied Mr Turner
The jury heard Mr Turner then threw a rock at the accused's head.
Mr Farrell put it to the witness that he had no intention of having a "straightener"?
"I did, I didn't bring a weapon with me from the house," replied Mr Turner.
"You’re the one that threw a rock first and Wayne Kennedy used a knife immediately after you did that. It doesn't sound much like a straightener, was it a straightener you were going to or an ambush?" asked Mr Farrell.
"No it wasn't an ambush," replied Mr Turner.
The defence counsel then said to the court when one looks at the Facebook messages it becomes very clear that Mr Turner ascertained Wayne Kennedy was alone on the night and he was to turn up alone.
"However you didn't turn up alone, you were not suppose to be armed and you used your weapon of choice a rock, you did not know Wayne had a weapon and you aimed it directly at his head with the intention of hitting him. Your intention was to put him down with one blow, anything but a straightener," said Mr Farrell.
"I want to suggest to you Mr Turner you like to fight with an audience and you made sure you had an audience on this night. I suggest Mr Spain was there as well, there as a back up. You never had any intention of going to a straightener. You ensured the cards were stacked in your favour," concluded the defence counsel.
The trial before Mr Justice Patrick McCarthy continues on Monday at 2pm.