Murder accused collected gun from my house, witness tells court17/10/2012 - 16:32:22
A man has told a trial of two men accused of a double murder in Limerick that one of the accused called to his house to collect a gun the morning of the shootings.
Andrew Donlon (aged 30) gave evidence that at around 8am on January 9, 2011 one of the accused men, Thomas Stewart, called to his home and asked him to get him “the Yolk” which he said meant the gun.
He told prosecuting counsel Mr Brendan Grehan, SC, Stewart brought the gun to his house in Kennedy Road “about four or five months” prior to the shootings in O'Malley Park and asked him to mind it for him.
It was day seven of the trial at the Central Criminal Court of first cousins Patrick O'Brien (aged 33) of Glanntan, Golflinks Road, Castletroy, Limerick and Thomas Stewart (aged 29) of The Cedar, Briarfield, Castletroy, Limerick who have both pleaded not guilty to the murders of Mr Kelly (aged 23) and Breda Waters (agged 28) on January 9, 2011 at O'Malley Park in Limerick.
“I told him (Stewart) I am not touching the Yolk when he brought it to my house about five months before the shootings. He asked me to mind it for him and I told him to put it at the side of my dresser in my bedroom,” said Mr Donlon.
He said there were “three to four cartridges” with what he described as a “single barrel sawn-off shot gun.”
He said on the morning of the shootings, Stewart went upstairs with him while the second accused, Patrick O'Brien, waited downstairs.
“Thomas Stewart took the gun out and took the cartridges too. He put the gun down his sleeve and they both got into a blue Volkswagen Bora car and left,” said Mr Donlon.
“I locked my door and went into the sitting room.”
He said he learnt of the double shooting later in the day and that O'Brien had called to his house at lunchtime.
Under cross-examining by defence counsel for O'Brien, Mr Sean Gillane, SC, he agreed that Stewart had “put the gun down his sleeve.”
He also agreed that O'Brien had waited downstairs near the hall door of his home.
Under cross-examining by defence counsel for Stewart, Mr Hugh Hartnett, SC, Mr Donlon denied the suggestion that it was “untrue that Thomas Stewart had called to his house,” asking him to mind the gun.
“There is a problem with your story as you said that four or five months prior to the shooting Thomas Stewart brought the gun to your house,” said Mr Hartnett. “This cannot be true as Thomas Stewart was in prison then so it is not possible he came to your house with the gun then.”
“He did,” replied Mr Donlon.
The trial continues before Mr Justice George Birmingham and a jury of six men and six women.
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