Accused allegedly said incident was clash of egos, court hears
A 41-year-old man accused of murder allegedly told gardaí "I’m sorry, it got out of hand, it was a clash of egos" regarding a fatal incident at a new age traveller encampment, the Central Criminal Court has heard.
Mr John James Kelly originally from Ervine, Scotland denies the murder of Chris Cybulla at The Commons, Curreeny, Kilcommon, Co Tipperary on December 28, 1999.
Both Mr Kelly and Mr Cybulla lived at the new age traveller encampment at The Commons.
Retired garda Mathias Byrne told prosecuting counsel, Mr Alex Owens SC, that he was on duty in the garda patrol car on Tuesday, December 28, 1999.
Garda Byrne said the accused man approached the garda car at a bend on the road near the encampment. Mr Kelly, he told the court, said: "Sorry, you are looking for me, it all got out of hand."
Garda Byrne told the jury that there was then enough information to arrest Mr Kelly on suspicion of murder at 3.42pm. The accused man, the court heard "started to shake and cry at that stage". Garda Byrne said Mr Kelly "raised his hands and said: ‘I’m sorry, it got out of hand, it was a clash of ego’s."
The accused man told gardaí he had driven to the shop earlier that morning and on the way back to the encampment he overtook Mr Cybulla’s car on a straight stretch of the road, damaging his rear bumper.
Mr Kelly told gardaí he then pulled in to examine his car, leaving the driver’s door open. The accused told gardaí the deceased’s car "appeared to swerve" towards his car door colliding with it and damaging it. Mr Kelly told gardaí he "got into a temper".
The accused said to gardaí that when he got to the encampment, he got a "twatting stick" which is "used by new age travellers for protection purposes" and also a kitchen knife.
Mr Kelly told gardaí he then went down to Mr Cybulla’s bus in which he lived at the encampment asking him why he hit his car. The accused alleges that Mr Cybulla said he "couldn’t avoid it". He then allegedly hit the deceased with the twatting stick, the court heard.
At this stage, the accused told gardaí, Mr Cybulla grabbed his beard and he was afraid that the deceased would use a knife on him. Mr Kelly told gardaí he grabbed the kitchen knife he had with him and "jabbed" the deceased twice.
Mr Cybulla, he told gardaí, fell to the ground and said: "You stuck me in the lung."
After the altercation, Mr Kelly told gardaí he drove away from the scene in a red car.
Under cross examination by Ms Deirdre Murphy SC, Garda Byrne admitted that Mr Kelly was "very co-operative and anxious" to tell gardaí what happened at the encampment.
The trial continues before Mr Justice Paul Carney.
