A number of witnesses told a Dublin murder trial that they saw or heard two Polish mechanics being killed outside their Dublin home.
Pawel Kalite (29) and Marius Szwajkos (27) sustained stab wounds to their brains on February 23rd, 2008 on Benbulben Road, Drimnagh.
David Curran (19) of Lissadel Green, Drimnagh has pleaded not guilty to their murder but guilty to their manslaughter. His 21-year-old co-accused, Seán Keogh of Vincent Street West, Inchicore pleaded not guilty to the double murder.
Jonathon Daleo told The Central Criminal Court that he was fixing his car in front of his house on Benbulben Road that evening when a girl and a couple of teenaged boys passed.
“The girl was crying. He was annoyed,” he recalled. “He said: ‘Don’t worry, we’ll get him’ or ‘We’ll sort him out’ or something.” The teenagers passed back a few minutes later.
“I seen a few people running out the road and there was a scuffle,” said Mr Daleo.
“I seen someone struck. I seen someone fall,” he said. “He was taken off in the ambulance.” He confirmed to Giolliaosa Ó Lidheadha SC, defending David Curran, that he told gardaí the teenaged boy said: “He won’t get away with it” or “I’ll do something about it”.
Terry Kelly was walking down Benbulben Road that evening when she saw a group of adults standing outside the butcher’s shop and sensed that something was wrong.
“I just knew something had happened,” she said. “I looked up the road. I saw a group of lads fighting.” She said she saw punches and kicks, but no weapons.
“I just heard the man falling to the ground,” she said.
She walked to where he had fallen and spoke to a Polish woman.
“I could see there were two men lying on the ground,” she said. “The two guys were unconscious.” She considered giving first aid but was afraid to move them in case she did more damage so she assured the Polish woman that an ambulance was on its way. She left when it arrived.
Marian Corr was at the butcher’s shop when some boys and girls passed in the direction of the Marble Arch Pub.
“The girl was crying. Someone was shouting: ‘I’m going to get you’ or something,” she said.
“It seemed to be serious,” she continued. “I knew something was after happening.” She said a group of five or six people then rushed past her from the pub direction.
“As they ran past I knew one of them had something in his hand. I think he had a dark hoodie. He was very aggressive,” she explained and that he yelled out: “Is that them?” She said he ran at a parked car and banged on it before the group continued on to a house.
“There seemed to be a scuffle going on,” she said. She rang the gardaí.
Mr Ó Lidheadha told Ms Corr that his client accepted it was he who was shouting around the parked car.
“He told me he, shortly beforehand, got a phone call and was told that his father had been stabbed,” he said, and asked her if she had heard this shouted. She had not.
She agreed she told detectives: “This fella in the hoodie seemed to be out of control and was shouting ‘Where are they? Where are they?’” when he was near the house.
A teenager, who can’t be named because of his age, gave evidence by video link that he was walking down Benbulben Rd that evening.
The boy, who wore an orange hoodie, questioned why he had to hold the bible before taking the oath. The bible could not be seen on screen so Mr Justice Liam McKechnie asked him if he was sure he had it in his hand.
“Why?” he asked. “Because you have to,” replied the judge.
John O’Kelly SC, prosecuting, asked him if he had made a statement to gardaí.
“I think so but I’m not sure what it was. Do you get me?” he replied.
Mr O’Kelly told the judge he had an application to make and the teenager was asked to return to court on Monday.
“Why? This is my seventh poxy time to come to this court,” he complained.
“Why not now?” he demanded of the judge. “I’m asking you a simple question.”
The boy eventually agreed to return on Monday when trial will continues before a jury of eight women and four men.