O'Reilly had 'ample time to leave' before murder, court hears
A Dublin man accused of murdering an Arklow 21-year-old by driving his car into him had ample chance to leave the town before a fight escalated, ending in the victim’s death, a court has heard.
Anthony O’Reilly, aged 22, with an address at Cleggan Park, Ballyfermot, Dublin, is charged with the murder of Daniel McDonald, aged 21, on Main Street, Arklow on February 2, 2007.
O’Reilly has pleaded not guilty to murdering Mr McDonald, dangerous driving causing the death of Mr McDonald and intentionally or recklessly grabbing the steering wheel of Jenny Tobin’s car causing it to swerve in the direction of Mr McDonald.
A friend of Mr McDonald’s, Pascal O’Reilly (no relation) told the court O’Reilly had plenty of opportunity to leave Arklow before he hit Mr McDonald.
He said O’Reilly was acting “like the antichrist” after the men had fought in Rascals nightclub, and although he had the opportunity, he had not left town.
He said his friend had two near brushes with O’Reilly who had initially got into the passenger seat of another car and fought with Mr McDonald holding on to Mr McDonald’s foot, which got jammed in the window.
The car had driven off with Mr McDonald clinging to it before he fell free.
The car had then come back into the town swerving at Mr McDonald before driving off again.
The court has heard the accused then got into his own red Honda Civic and drove back into the Main Street again giving Mr McDonald and his friends the fingers.
“What was he coming back for? He had a million opportunities to get out of town.”
“He knew how to get out of town. He continued up the street, knew our whereabouts and knew exactly what he was doing,” Mr O’Reilly said.
He said O’Reilly had to veer his car in Mr McDonald’s direction to hit him.
“He knew where we were positioned on the street and he came back down to do his damage which he succeeded in doing.”
The court heard earlier after fighting in Rascals nightclub, the men had been thrown out by bouncers.
O’Reilly had run and got into a black car telling the driver Jenny Tobin to “F***ing drive”, Mr McDonald chasing him trying to kick him through the window.
Mr McDonald’s leg got stuck and Pascal O’Reilly said he tried to pull it free lifting his friend off the road as the car drove off with Mr McDonald clinging to it.
Mr McDonald got free and rolled off the car walking back to Pascal O’Reilly saying “that was mad.”
Mr Justice Kevin O’Higgins and the jury have heard the black car then drove back into the town swerving at Mr McDonald as he stood just near the footpath.
Evidence has been given O’Reilly had reached across and grabbed the steering wheel from Miss Tobin forcing the car in Mr McDonald’s direction.
Pascal O’Reilly said that was two times the accused had tried to kill his friend.
The black car drove off and a short time later a red Honda Civic came into the street driven by the accused who, gave them the fingers and beeped the horn before driving off.
Witnesses gave evidence the red car drove down the street, did a three-point turn and came back up the street.
As it approached Mr McDonald stepped out into the middle of the left lane to wave O’Reilly down.
“The red car veered straight in on to the wrong side of the road, hit Daniel threw him 20 feet in the air and missed me,” Pascal O'Reilly said.
“I clearly saw he swerved in to hit Daniel McDonald, there’s no doubt in my mind.”
Under cross-examination by Mr Peter LeVert BL, Pascal O’Reilly said he never thought O’Reilly would write off his car trying to kill them.
“You don’t think anybody would be mad enough to do that do you?” Mr Le Vert asked.
“Well we’re obviously here today to prove that he is,” Pascal O’Reilly replied.
The trial continues.
