A FATHER of five died after he was stabbed in the neck with scissors during a row in Limerick city, the Central Criminal Court heard yesterday.
Mr Nigel McNamara told gardai he swiped at Gerard Power with a scissors, the court heard. "Otherwise he would have killed me," Mr McNamara said in a statement. "The reason I took the scissors was I knew Powerie was too big and too strong for me and I needed something to help me, he said.
The statement was read to the court on the opening day of the trial of Mr McNamara (19), of O'Malley Park, South Hill, Limerick, who has denied the murder of Mr Power (36), known as "Powerie", also of O'Malley Park, on May 1st, 1995.
When arraigned yesterday, Mr McNamara pleaded not guilty to the murder of Mr Power but admitted his manslaughter. The plea was rejected by the State.
Opening the prosecution case, Mr Denis Vaughan Buckley SC, said a house near Mr McNamara's in O'Malley Park had been burgled in October 1993 and the woman there believed Gerard Power was responsible.
In the early hours of May 1st, 1995, the partner of Mr Power had alleged to the woman who had been burgled that Mr McNamara was responsible for the burglary and not Mr Power, counsel said. Mr McNamara was outside his house at the time and heard this and was very upset.
Counsel said a fight broke out between Mr Power and Mr McNamara and Mr Power had struck a number of blows against Mr McNamara who left the scene and went to his father's house where he tried to get a baseball bat but his father restrained him. Mr McNamara then got a scissors and stabbed Mr Power with it.
Mr Vaughan Buckley said Mr Power was taken to hospital and pronounced dead at 1.42 a.m. on May 1st, 1995. Shortly before, a garda had found Mr Nigel McNamara in a shocked and upset condition in his father's house. Mr McNamara had said: "I jabbed him, I jabbed Powerie in self defence".
Counsel told the jury it would be satisfied Mr McNamara was guilty of murder and not manslaughter. He said Mr McNamara had used excessive force.
In a statement read to the court, Mr McNamara said he was sitting at a bonfire outside his home in the early hours of May 1st when he heard arguing and his name being mentioned. He went over and asked why his name was being brought up and Mr Power's partner had said it was Mr McNamara who had broken into another woman's house in O'Malley Park and not Mr Power.
He said Mr Power had then started "digging and kicking me
He said his friend got involved and Mr Power was also "digging him. The accused said he ran to his father's house and left with a scissors after his father stopped him getting a baseball bat.
He said as he ran towards a woman's house, Mr Power ran towards him. "I started swinging the scissors. I hit Powerie once with the scissors somewhere in the face or head."
He said an orange-handled scissors he was shown by a garda "was the one I used to hit Powerie. Otherwise he would have killed me
Ms Caroline O'Callaghan said she had lived with Mr Power for many years and they had five children. She said Mr Power had been wrongly accused of burglary at a woman's home in O'Malley Park.
She was on her way home with Mr Power in the early hours of May 1st when she had exchanged words with the woman involved and asked her was she still blaming Mr Power. The woman said she was. Ms O'Callaghan said she told the woman Mr McNamara did it. She said an argument broke out between Mr Power and Mr McNamara, and another man was also present. She said Mr McNamara left and when he returned Mr Power and the other man were shaking hands. She said Mr McNamara "stuck whatever he had" into Mr Power's neck.
Cross-examined by Mr Diarmaid McGuinness, witness agreed Mr Power had a number of previous convictions but said that was years ago". She agreed Mr Power hit Mr McNamara first.
The cross-examination of Ms O'Callaghan will resume when the trial continues today before Mrs Justice McGuinness and the jury.