The body of a man who was found inside a partially zipped up suitcase in a wardrobe in a Drumcondra apartment was covered in bubble wrap with a plastic bag around his head, the Central Criminal Court has heard.
State Pathologist Dr Sallyanne Collis told Dean Caffrey’s murder trial on Tuesday that she examined the body of the deceased, Sean McCarthy, at a mortuary in Whitehall in Dublin. She was told that gardaí had discovered Mr McCarthy after the accused tipped them off that they would find the body in a wardrobe in his home.
When she opened the body bag, Dr Collis noted that the body was in a blue suitcase that was not fully zipped closed. The plastic wrapping, bubble wrap and shopping bag were secured with black and silver tape while a black elastic strap was held around the neck using carabiner clips.
When Dr Collis removed the wrappings, she found the body was “quite badly decomposed”, in keeping with the suggestion that Mr McCarthy had died four days before being found. She sent the body to the Mater hospital for a CT scan which revealed a bullet lodged in the back of the skull. The pathologist also noted a single gunshot entry wound above the left eyebrow.
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The cause of death, she said, was a gunshot wound to the head with no other contributing factors. The bullet damaged brain structures but would not have caused instant death because it did not damage the brainstem, she said.
Dr Collis further noted a laceration on the nose with an underlying fracture and bruises. There were further abrasions, bruises and areas of discolouration on the arms and legs.
Dr Collis agreed with defence counsel Lorcan Staines that she could not say how far away the gun was from Mr McCarthy when the shot was fired. She said that if the distance was less than 30cm , she would expect to find tattooing and suet soiling where explosive material leaving the gun stains the skin. She said she did not find any such staining but due to the body’s decomposition it is possible that the stains had been wiped away.
She also said she couldn’t assist regarding the trajectory of the bullet other than to say it entered at the forehead and travelled to the back of the skull. The laceration and fracture to the nose, she said, could have been caused before death but might also have occurred after death, while the body was being moved.
While a toxicology report was negative for drugs, Dr Collis said “ideal samples”, such as blood and urine, were not available due to decomposition. She used fluid from around the heart instead.
Dean Caffrey (38) of Beaucort, Achill Road, Drumcondra, Dublin 9 has pleaded not guilty to the murder of Sean McCarthy (28), from Ballymun, on a date between August 2nd and 7th 2022, both dates inclusive, in the State.
In her opening speech to the jury, prosecution counsel Cathleen Noctor said Mr Caffrey told gardaí that he had owed money for drugs to a third party but the debt was transferred to Mr McCarthy.
Mr Caffrey then agreed to store drugs and a firearm at his apartment but in late July, the accused said Mr McCarthy accused him of stealing heroin from one of the packages. On August 2nd, he said Mr McCarthy came to his apartment and demanded €5,000 for the missing heroin or Mr Caffrey would “leave in a body bag”.
He described Mr McCarthy holding a firearm as he stood between the kitchen and sittingroom when he was startled by a noise and turned away. Ms Noctor said: “A struggle ensued, the accused managed to secure the firearm from the deceased and ultimately the accused discharged the firearm in the direction of the deceased and inflicted the fatal wound.”
Ms Noctor said the accused told gardaí during interviews following his arrest that the gun “just went off” and elsewhere said he was acting in self-defence.
Counsel said that the prosecution intends to prove that Mr Caffrey intended to kill or cause serious injury when he discharged the firearm and that he is guilty of murder.
The trial continues before Mr Justice Paul McDermott and a jury of seven men and five women
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