Roy Collins murder case goes into legal argument over admissibility of evidence
THE trial of two Limerick men charged with the murder of businessman Roy Collins is hearing legal submissions in a trial within a trial to determine the admissibility of evidence in the case.
Wayne Dundon (36), of Lenihan Avenue, Prospect and Nathan Killeen (24) of Hyde Road, Prospect have pleaded not guilty to the murder of 35-year-old Roy Collins at Coin Castle Amusements, Roxboro Road Shopping Centre on April 9, 2009.
The non-jury court has heard that Mr Collins was at work around noon that day when a single gunman entered his amusement arcade and discharged a single shot, hitting him in the chest. He was conscious for a time, but his life could not be saved.
In his opening speech, Michael O’Higgins SC said it was the prosecution case that Wayne Dundon had directed the murder from prison, Nathan Killeen was the getaway driver and another man, James Dillon, was the gunman.
Last week, Giollaiosa O Lideadha SC, for Nathan Killeen, told the court that he would be challenging the admissibility of all evidence arising out of any searches and entries to properties on foot of certain warrants secured by gardai, the lawfulness of the arrest and detention of Mr Killeen and all material arising from that detention.
He asked that the court regard itself as being in a voir dire when this evidence became relevant. A voir dire is a trial within a trial to determine the admissibility of evidence adduced.
Mr O’Higgins this morning told the court that the prosecution would not call any more evidence on the issue in the voir dire.
Mr O Lideadha said that he had substantial legal submissions to make in respect of the entry on to certain properties, the procuring of evidence on foot that entry and the arrest of his client.