Two men have gone on trial at the Central Criminal Court charged with the murder of two Polish mechanics outside their Dublin home on a February evening two years ago.
The Central Criminal Court was told that Pawel Kalite (29) and Marius Szwajkos (27) were killed on February 23rd, 2008 on Benbulben Road in Drimnagh, half an hour after Mr Kalite got into a fight with their killer’s father and a teenager at the local chipper.
David Curran of Lissadel Green, Drimnagh has pleaded not guilty to their murder but guilty to their manslaughter due to provocation. The 19-year-old had been seen with a screwdriver moments before the killing.
His barrister, Giolliaosa Ó Lidheadha SC, said his client admitted causing the fatal injuries but was the subject of a sudden and total loss of control, which resulted from the actions or words of the deceased. He said blows were inflicted in circumstances where he was incapable of restraining himself.
His 21-year-old co-accused, Seán Keogh of Vincent Street West, Inchicore pleaded not guilty to the double murder.
The jury heard that a 15-year-old boy bumped into Mr Kalite about 6.15 that evening as Mr Kalite came out of a take away just 70 metres from his home. Ian Flynn was sitting in a car with some friends outside the chipper.
“I seen the Polish lad walk out of the chipper. The kid bumped into him and he chased the young lad around,” recalled Mr Flynn on the first day of the trial.
“When they went over to the butcher, some guy came out of nowhere and pushed the Polish lad up against the shutters and told him to leave it out.”
The jury was told that this man was Mr Curran’s father.
Mr Flynn said two girls also got involved, Mr Kalite ended up on the ground but soon got up and ‘stormed back up’ to his house.
He said one of the girls was very upset.
“One of them threw a wine bottle up the road, smashed it on the ground,” he testified.
He said a number of young men then came along shouting, including one who was about 17. This teenager, who had red hair, kicked the car in which Mr Flynn was sitting.
Mr Flynn agreed with Mr Lidheadha that the Polish man had put his chips down to chase the teenager who had bumped into him. He also agreed that one of the girls complained that the Polish man pulled her hair.
He agreed that the red-haired teenager was ‘fired up’ and swinging something at the car he was in and seemed to think the occupants were involved in the fight.
John O’Kelly SC, prosecuting, earlier told the eight women and four men of jury that if it all ended when Mr Kalite went home after receiving the kicking and beating, they would not be in court.
“One of the girls apparently rang David Curran, who was nicknamed Schillaci,” he said in his opening speech. “Ten minutes later David Curran and Seán Keogh turn up outside the take-away.” “David Curran had a screw driver,” he said.
“Curran was angry and saying, ‘Was it youse?’” He said that after Mr Curran kicked the parked car he, Seán Keogh, the girls and the 15-year-old went to Mr Kalite’s house.
“Meanwhile inside Pawel Kalite was upset and angry and wanted to go outside to confront the people who’d beaten him,” said Mr O’Kelly. “His housemates, including the unfortunate Marius Szwajkos, were saying no, that there was no point.”
However Mr Kalite went outside and his housemates went out to try to prevent a confrontation, he said.
“The others had arrived outside and they attacked,” he said of the defendants.
“It was a quick fight. It involved punching, kicking, Pawel Kalite being held by the throat,” he continued. “The fatal wounds were stab wounds inflicted by a screw driver.” Mr Kalite received two stab wounds to his head, one which penetrated the skull and mid section of his brain.
“Mr Szwajkos tried to assist Mr Kalite and sustained an almost identical stab wound,” he said.
He also had a wound on the other side of his skull, suggesting that the screw driver might have gone right through his brain and hit the skull on the other side, he added.
Mr O’Kelly said that both men were rushed to St James’ Hospital but their injuries were so devastating that no medical attention could have saved them. Mr Szwajkos died two days later and Mr Kalite died four days later.
The jury would hear evidence of the force required to drive a screw driver through a skull, he said, adding that the only conceivable consequence of stabbing someone through the brain with a screw driver was death or serious injury.
He said that the defence of provocation did not apply as neither defendant was even at the chipper when the initial fight broke out. Apparently they were drinking, he said.
He then addressed the issue of guilt where there was more than one person involved but just one caused the fatal blow.
“If two or more attack another with common intent, then one is as guilty as the other,” he said, quoting the law on common design and joint enterprise.
“These two young men came along looking for trouble,” he said, adding that they were full of fight.
He said there was a screw driver and clearly a contemplation that this could be used.
“They had the benefit of that weapon for their crime,” he concluded. “All are guilty here.”
The trial, which could last more than three weeks, continues before Mr Justice Liam McKechnie.