Shooting was "calculated, cool and calm killing", court hears
The trial of two Dublin men accused of murder has heard the deceased man was shot outside Clover Hill prison as he sat in a BMW car.
The motor cycle drew up beside the car and a number of shots were fired, Mr Shane Murphy SC said in his opening speech to the jury.
Witnesses will say that two or three shots were fired by the pillion passenger through the glass and struck Jonathon O’Reilly mortally wounding him, the prosecutor said.
Mr Brian Kenny, aged 35, of Kilshane Cross, Finglas and Mr Thomas Hinchon, aged 24, of Clondalkin have denied the murder of 25-year-old Dubliner Mr Jonathan O’Reilly of St Mark’s Gardens, Clondalkin on April 17, 2004.
Mr Kenny pleaded not guilty to a further three offences. Yesterday Mr Kenny pleaded not guilty to threatening to kill Mr Joseph O’Callaghan on April 17, 2004 at Finglas, Dublin. Mr Kenny denies the possession of a firearm, a Berratto single automatic shot gun on 10 May 2004 at Kilshane Cross, Finglas, Dublin. He also pleaded not guilty to possession of ammunition which consisted of shot gun cartridges, on the same date.
Mr Hinchon pleaded not guilty also to threatening to kill Mr Joseph O’Callaghan on April 17, 2004.
Prosecuting counsel, Mr Shane Murphy SC in his opening speech to the jury of ten men and two women said that on the day the deceased was fatally shot he was travelling in a friend's green BMW car and there was a number of other people in the car.
One of his friends, Mr Shane Murphy said wanted to drive to Cloverhill prison in Clondalkin to deliver clothes to his brother. Jonathon O’Reilly was the front seat passenger and was sitting closest to the road, the prosecutor said.
After the deceased man’s friend went into the prison, a large motorcycle with two men on it came down the road, the court heard.
The motorcycle drew up beside the car and a number of shots were fired, Mr Murphy SC said.
Witnesses will say that two or three shots were fired by the pillion passenger through the glass and struck Jonathon O’Reilly mortally wounding him, the prosecutor said.
The deceased man suffered "serious and significant" injuries that caused his death. Dr Marie Cassidy, the State Pathologist will give evidence.
Mr Murphy SC said that the deceased died "due to a gunshot to the trunk which caused a haemmorage to the left lung, liver and spleen".
Addressing the jury, Mr Murphy SC said: "the key question for you to decide is who were the people who shot Jonathon O’Reilly". This, he said was a "calculated, cool and calm killing".
Mr Murphy SC said it is the prosecution’s case that "it was the accused".
The key witness, the prosecutor said, is Mr Joseph O’Callaghan who came forward a short time after the fatal shooting with information to the gardaí.
"It is from his evidence that the persons responsible for what happened outside Clover Hill were the accused", Mr Murphy SC said.
Mr O’Callaghan, the prosecutor told the court, was a friend of Mr Kenny and stayed in his house many times and saw a number of people in the house including Mr Hinchon.
On the day of the fatal shooting, the court heard that Mr O’Callaghan was in Mr Kenny’s home when Mr Kenny returned with Mr Hinchon.
"Mr O’Callaghan was asked to check the teletext. The 5.30 news bulletin on TV3 was on which included an incident outside Clover Hill and that a man had been shot", Mr Murphy SC said.
Both of the accused came into the room and were aware of the news on TV3, the prosecutor said. "Brian Kenny read out the text to Mr Hinchon", the court heard. "At that point Brian Kenny turned and said, ‘he’s not dead, what are we going to do’, Mr Murphy SC said.
At this stage, the jury heard, Mr O’Reilly had not yet been confirmed dead in the news.
Shortly after, Mr Murphy said, it was announced that the deceased had died on the news. The two accused came back into the room and Mr Kenny read out the text, the court heard.
Joseph O’Callaghan, the prosecutor told the jury, was handed a gun that was wrapped in plastic and Mr Kenny told him to hide the gun in the fields.
"Joseph O’Callaghan felt he had no choice but to go and do what Brian Kenny told him to do", Mr Murphy SC said.
O’Callaghan, the court heard, was later told to get a meat cleaver and chop up two sets of black leather motorcycle outfits. "Brian Kenny told him not to open his mouth or I’ll kill you", Mr Murphy SC said.
Mr Hinchon, the court heard, then said; "Joey I’ll kill you if you tell anyone about this".
The trial will begin today before Mr Justice Michael Peart.
