A man accused of murder told gardai he dropped a rock on his victim's chest and helped two other men to rob him of "cannabis money", the Central Criminal Court was told yesterday.
Mr Anthony Buck (24), of Garrymore, Clonmel, has denied the murder of David Nugent (22), of Highfield Grove, Clonmel, in the grounds of St Joseph's Hospital in the town between 11 p.m. on July 8th and 1 a.m. on July 9th, 1996. He has also denied robbing him of cash and goods worth £825.
As the trial entered its third week, a statement signed by Mr Buck was read out in court. Gardai gave evidence that he had made the statement voluntarily on the night of Sunday, July 14th, 1996. The defence alleges that the statement was involuntary.
In the statement, Mr Buck said that he had planned to meet David Nugent. "I usually met David Nugent between 11 and 11.30 p.m. every Monday night", he said, "because I was supplying cannabis to him."
He had arranged to meet two people in the grounds of the local hospital that night. The two hid in high grass. When he arranged a deal with Mr Nugent, he walked back in their direction. "If I had walked in the opposite direction, it meant he had no money", Mr Buck said, adding that this was a prearranged signal for the men. They would have known, he said, that Mr Nugent "would have a lot of money on him".
His understanding was that they were to take Mr Nugent's money "and leave it at that". But the pair jumped out on Mr Nugent and he heard a "thud sound" a number of times. Then Mr Nugent shouted "a knife!" and "was screaming on the ground for around four or five minutes".
After about seven minutes one of the men got up and got a rock from the other side of the hospital boundary wall, he said. The rock was "dropped on David Nugent's chest" a number of times. "I dropped it once", he admitted.
Mr Buck told gardai: "I did not know David Nugent was going to be stabbed. I thought he was only going to be mugged."
The court heard that Mr Buck made a witness statement to gardai on July 10th, 1996, in which he admitted having had numerous dealings with Mr Nugent over the previous two years. The cannabis deals were for "£500, £600 twice a week", sometimes more, he said, but he refused to sign the Garda memo of this interview.
He was taken into Garda custody at 3.10 p.m. on Sunday, July 14th, the day Tipperary were contesting a hurling final replay. Gardai gave evidence that they had contacted five towns seeking a solicitor for him before he finally received a visit from one at 8.30 p.m.
Garda Donal O'Connell, the member-in-charge at Cahir Garda station that day, agreed with Mr Patrick MacEntee SC, defending, that he had not asked other gardai to stop interviewing Mr Buck after he had requested a solicitor. This was contrary to regulations governing the treatment of suspects in custody, Mr MacEntee said.
Det-Garda Patrick Summers denied that during an interview with Mr Buck he had grabbed him by the throat and squeezed tight, or that he had held him in a headlock and stepped on his knuckles when he fell to the ground.
Det-Garda Patrick Kelly told Mr MacEntee that the interview was conducted "strictly in accordance with the regulations".
Sgt Barry O'Riordan denied that another garda, Det-Sgt John Courtney, had gone into the interview room and stood on Mr Buck's chest at about 9.10 p.m., shortly after his solicitor had left. Sgt Courtney came to collect Mr Buck for fingerprinting, he said, but did not enter the room.
Mr Buck's statement at 9.40 p.m. was a "completely voluntary one", he told the jury.
The Garda witnesses gave evidence that they had received no complaints at the time from either Mr Buck, his mother, his girlfriend or his solicitor about his alleged treatment in custody.
The trial continues before Mr Justice Quirke and a jury.