A WOMAN charged with murdering her husband had bruises on her body when interviewed by gardai about the incident, the Central Criminal Court heard yesterday.
Garda Margaret O'Connell said she had taken notes of an interview with Mrs Norma Cotter in Midleton Garda station after her husband, Gary, was shot dead at their home on January 3rd, 1995.
She said she noticed two bruises on Mrs Cotter's body. Mrs Cotter had said the injuries were a result of having been pushed by her husband some nights earlier, the witness said.
The witness was giving evidence on the second day of the trial of Mrs Cotter (28), a mother of one, who has denied the murder of her husband, Cpl Gary Cotter (40), at their home at Broomfield West, Midleton, Co Cork.
The State Pathologist, Prof John Harbison, said Cpl Cotter died due to shock and haemorrhage as a result of laceration and wounds in his right lung from a single shotgun wound.
He said the soldier had been shot from behind and he deduced that Mr Cotter was turning away from the gun that was fired and was stooping forward at the time.
In court yesterday, Garda O'Connell said that during interviews with Mrs Cotter the defendant said she and her husband had been drinking on the night of January 2nd/3rd, 1995. Her husband had gone home and she had gone on to a party.
Mrs Cotter said she had returned home after the party, Garda O'Connell said. Mrs Cotter had said she was "on my own when I shot him". She had said:
"If I was sober, I wouldn't have done it." Mrs Cotter had at one stage said she was not drunk but had also said: "I wasn't sober but I wasn't flaming."
She had said they got on fine together "not brilliant but you could live with it".
Garda O'Connell said that during the interviews Mrs Cotter was asked about the shooting of her husband and what she was doing then. She had said: "I don't know." She had said she loaded the gun. She said: "I pulled the trigger and he could have jumped or moved forward. I saw the blood and ran." Mrs Cotter had said: "I didn't mean to do it. I just wanted to frighten him."
Garda O'Connell said she had asked Mrs Cotter if she hit her husband and Mrs Cotter had said she would push him. She had said: "If someone was hitting you, wouldn't you?"
The witness agreed with Mr Barry White SC, defending, that an interview with Mrs Cotter began at 7.40 a.m. on January 3rd, 1995, 20 minutes before her solicitor arrived.
Garda O'Connell agreed it was apparent Mrs Cotter had been drinking the previous night and agreed it was apparent there were physical injuries on her body.
The witness said she had taken a statement from another woman in March, 1995, and read the statement to the court. In the statement, the woman said Mrs Cotter had shown her bruises on her back, thigh and right arm. She said Mrs Cotter had said she and her husband were fighting. Mr Cotter had said he was sorry and didn't remember hitting her.
In the statement she said Mr Cotter had told her that after a night out they would argue over who would collect their child but would always collect him together.
Det Garda Patrick Murphy said he had a conversation with Mrs Cotter in Midleton Garda station on January 3rd, 1994. Mrs Cotter had told him she had bought a shotgun and given it to her husband as a present.
The witness said Mrs Cotter had spoken to him about getting a shotgun and firing it once. He said he had not cautioned Mrs Cotter and had not taken notes.
Garda Gerard O'Donoghue said Mrs Cotter was brought into the station at 7 a.m. He said he advised her of her rights. He noted she was distressed, wearing a nightdress and coat and there was a strong smell of alcohol from her breath. He said he told her she was entitled to a solicitor and she said: "What would I want a solicitor for, sure I shot him in the back?"
She later agreed to have a solicitor and one arrived at 8 a.m.
Det Garda Eugene Gilligan, attached to the Ballistics Section of Garda headquarters, said he had examined the Cotter home on January 3rd, 1995.
It was his opinion that damage caused to a wardrobe was the result of a shotgun blast, the witness said. He said the shotgun found in the house was a firearm under the Firearms Act, was in good condition and the trigger pressures were within normal limits. He said the trigger would have to be pulled twice to discharge both barrels.
He said two cartridges he had examined were discharged from the two barrels but there was no way of telling which was discharged first.
He said to fire the weapon, a person would have to open it, place one or more cartridges in the breach, close the weapon, take off the safety catch and fire.
Cross-examined by Mr Barry White SC, defending, the witness said the cartridges he examined were No. 6 cartridges. He agreed each cartridge would have held identical shot.
He said he could not tell whether the shot which struck Mr Gary Cotter was the first or second shot fired.
He agreed when the first shot is discharged, the recoil forces cock the weapon for a second shot. He said there would be quite a kick from the weapon. He agreed it was possible that if a person panicked in a situation where one shot was discharged, that they could discharge the second barrel.
He said a very slight movement of the index finger would be required to dislodge the trigger.
The State case concluded yesterday. The trial resumes today before Mr Justice Lavan.