Monday 17 December 2018

‘I would have said anything to get out’

Accused rowed back on his earlier account of stabbing

Trial judge Mr Justice Paul McDermott
Trial judge Mr Justice Paul McDermott

Sorcha Crowley, Dublin

Phone records taken from murder victim Martin Kivlehan's home were used as fresh evidence to justify re-arresting the chief suspect Keith Brady in November 2015, some three months after he was initially questioned and released without charge.

Detective Garda Paul Casey told the jury at Brady's murder trial last Wednesday that the investigating team secured an arrest warrant from Sligo District Court and re-arrested Brady on the 9th of November 2015.

He was brought to Ballymote Garda Station where he was questioned by Det. Casey and Sergeant Martin McHale. His then-solicitor Mr Eddie Henry was present for the first of three interviews.

The witness said Brady told them: "I didn't murder any one. I think I was wrongly arrested. It's already out there that I'm a murderer. Everyone thinks it."

When asked if he thought his sister Janice did it, Brady replied "No."

When Brady was asked if he remembered admitting to the murder back on 4th-5th of August, in the days immediately following the discovery of Martin Kivlehan's body at his home on 3rd August, Brady said his recollection was "small."

He told detectives he was "under the influence of a whole load of stuff."

"It was just me and Janice. We decided to go up to Matt's. We had a few drinks and drugs. I can just remember leaving then," he said.

Brady repeatedly said he had taken "a lot of drugs" and told the interviewing Gardaí he didn't know how he wasn't dead.

He told them that when he was tested for drugs in prison they found a cocktail of seven different drugs in his system, including Heroin, Benzodiazepines and possibly Cocaine.

He said Janice was with him all that night and like him, had nothing to do with the murder.

When asked if he would tell Gardaí who killed Martin Kivlehan if he knew who, there was a long hesitation.

"That was a long hesitation there - do you know who killed Martin Kivlehan?" they asked him. "No," replied Brady.

They asked him how he knew the deceased and Brady said he "just got to know him" and had only been in his home three or four times.

"It's common knowledge people used to be going in there drinking. Most of the town would know," he said in his interview.

"I was on the couch, off my head. I was lying down. Martin offered Janice a cigarette. I just remember being totally out of it. I just heard voices, a commotion, men talking," he told them.

When asked who these "men" were, Brady said he didn't know. When asked what his next recollection was, he replied "just being out, just walking down to Finisklin."

When asked where Martin Kivlehan was when they left, Brady said: "I don't know. I honestly don't know, it's a total blur, a black out."

Brady said there could have been someone else in the apartment bedroom because Mr Kivlehan used to let people stay there some times.

Gardaí: "Was Martin Kivlehan alive or dead when you left?"

Brady: "He must have been alive. My recollection is blurred, as I said."

When asked where he got his heroin, Brady replied: "Longford or Dublin."

Gardaí asked him if he ever used the phone in Mr Kivlehan's house. "I'm not sure. Every time I was in there I was either drunk or off my head on drugs," he said.

The phone records, the basis for his re-arrest, were shown to him. They indicated that 18 calls were made from the landline phone of Mr Kivlehan between 10.33pm 2nd August and 2.22am 3rd August.

Five phonecalls were made to Ian 'Mooch' Morrison who lived directly behind Mr Kivlehan. Brady denied making those calls and said he didn't know who did.

In his third interview, it was put to Brady that he admitted to the murder of Mr Kivlehan in August. "I can't comment on that. I would have said anything to get out of the room. I didn't know what I was saying. I was coming down off drugs," he said.

"I didn't kill him," he said.

Sligo Champion