A man charged with the murder of Limerick businessman Roy Collins ran away from a garda patrol car just minutes after the murder, the Special Criminal Court has heard.
Nathan Killeen (24) of Hyde Road, Prospect and Wayne Dundon (36), of Lenihan Avenue, 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.
Detective Garda David Baynham, of Henry Street Garda Station, today (Friday) told counsel for the prosecution, Mr Michael O’Higgins SC, that shortly after noon on April 9 he got a call about a shooting in the Steering Wheel Pub. He said he arrived there and saw that Roy Collins was seriously injured.
Last week the court heard evidence from Mr Steve Collins, the father of Roy Collins, who said that at around noon on April 9 one of his barmen at the Steering Wheel Pub told him there was “a fellow bleeding next door”.
He said he ran next door to the arcade and saw his son crouched on his knees holding himself. Roy said: “I’m after being shot Dad”.
Det Gda Baynham agreed with Mr O’Higgins that he decided he would head up to where the McCarthy-Dundons were based in the city, which was in Ballinacurra Weston.
He agreed that about 12:15pm he arrived at a house on Crecora Avenue where Christopher McCarthy Gareth Collins, Lisa Collins and another man were present.
Det Gda agreed that he and his colleagues then continued to drive around Ballinacurra Weston and became aware that a black Mercedes car was on fire in the Greenfields area.
At approximately 12:20pm he was travelling from Hyde Avenue toward Hyde Road when he observed two males walking from the direction of Garryglass Avenue. Both youths were dressed in dark clothing and had their hoods pulled up tight, Det Gda Baynham said.
Det Gda Baynham said that as they approached one of the youths, he turned to his left toward the garda patrol car and the witness immediately recognised him as Nathan Killeen.
Asked if the fact he saw Nathan Killeen was striking in any way, Det Gda Baynham said that it was important at that particular time.
He said he wanted to speak to the youths as he suspected they were involved in the earlier shooting, but they ran from the car.
Det Gda Baynham said Nathan Killeen ran across the road on to Hyde Avenue while the other youth also crossed the road and ran toward Crecora Avenue. He told the court that the Nathan Killeen used a junction box to jump over a wall where he disappeared from his view.
On Thursday, Mr O’Higgins told the court that the trial was moving into a new phase involving garda witnesses and evidence of warrants secured to search a block of houses.
Counsel for Nathan Killeen, Mr Giollaiosa O Lideadha SC, told the court that he would be challenging the admissibility of all evidence arising out of any searches and entries to properties of foot of Section 29 warrants, 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.
The trial will continue in the voir dire on Tuesday before presiding judge Ms Justice Iseult O’Malley.
