VERDICT:A DUBLIN man has been sentenced to life in prison after being found guilty of murder eight years ago. At the Central Criminal Court, a jury had deliberated for 11 hours and four minutes over three days before returning its majority verdict of 10 to one.
Brian Rattigan (28), Cooley Road, Drimnagh, Dublin, had pleaded not guilty to the murder of Declan Gavin (21), Mourne Road, Drimnagh, at Crumlin Road on August 25th, 2001.
When Mr Justice George Birmingham yesterday imposed the mandatory life sentence, Rattigan responded : “Okay, your honour.”
During the trial, which lasted over four weeks, the jury heard that a crowd of young people was gathered outside and inside Abrakebabra on the night in question. Shortly after 3am, a Nissan Micra pulled up.
One witness said he saw a young woman walk towards the car and “had words” with the person in the passenger seat before she kicked the car and walked away.
Mr Gavin then walked out of Abrakebabra and approached the car. Someone inside shouted: “You rat.” Then a man wearing a balaclava and carrying a large knife got out of the car and moved towards Mr Gavin.
Another witness said that when the man carrying the knife reached Mr Gavin, he pulled down his balaclava and said: “Do you remember me?” before stabbing him.
Mr Gavin then retreated down the steps towards Abrakebabra, followed by his assailant. The assailant tried to get into Abrakebabra with a number of witnesses saying he “kicked the door”.
Having failed to enter Abrakebabra, the assailant then ran back to the Nissan Micra and the car sped off towards Dolphin’s Barn.
Gardaí and paramedics arrived at Abrakebabra shortly before 4am and found Mr Gavin lying on the floor inside Abrakebabra, bleeding heavily from the chest.
He was taken to St James’s Hospital where he was pronounced dead at 5.30am.
During the trial, Det Garda Christopher O’Connor, attached to the Garda Technical Bureau, told the court that he had he found a palm print in “what appeared to be blood” on the exterior window of Abrakebabra and matched it to the palm print of Rattigan.
Det Sgt Séamus Quinn, also attached to the Garda Technical Bureau, told the court he took a swab sample from four inches below the palm print matched to Rattigan.
DNA from that swab was later matched to DNA from Mr Gavin’s blood.
Rattigan told gardaí 11 days after the killing that he had not been to Abrakebabra in “four months”.
When asked by gardaí where he was on the night of the stabbing, Rattigan said he was with a married woman but refused to reveal her name.
When it was put to him that a lot of people witnessed the stabbing that night, he said: “They can say what they like, but they will have to say it all in court.”
Mr Justice Birmingham thanked the jury for serving on a case “of particular difficulty and sensitivity”.
He said: “There would have been an expectation that there might have been eyewitnesses available to this trial but for one reason or another, they were not forthcoming.”
Mr Justice Birmingham told the jury: “If it is any consolation, the verdict you reached is one which is amply justified by the evidence.”
He backdated Rattigan’s sentence to February 2003, since when Rattigan has been in prison serving cumulative sentences totalling 13 years.