Man charged with 2001 murder

The trial of a Dublin man charged with murder in the capital eight years ago opened in the Central Criminal Court today.

The trial of a Dublin man charged with murder in the capital eight years ago opened in the Central Criminal Court today.

Brian Rattigan (aged 28) with an address at Cooley Road, Drimnagh, Dublin pleaded not guilt to the murder of Declan Gavin (aged 21), Mourne Road, Drimnagh, at Crumlin Road, Crumlin on August 25, 2001.

Prosecuting Counsel Pauline Walley SC told the jury in her opening speech that Declan Gavin was stabbed to death in the early hours of Saturday August, 2001 outside the Crumlin Shopping Centre.

Ms Walley said: "The case of the prosecution is that Brian Rattigan murdered Declan Gavin by stabbing him with a large knife."

The jury heard that on the night in question shortly before 3am Declan Gavin was present at an Abrakebabra fast-food outlet on the ground floor of the Crumlin shopping centre.

There were large crowds of young people gathered both outside Abrakababra on the lower level of the shopping centre and also on the upper level of the shopping centre which was level with the main road.

At that around 3.15am a Nissan Micra pulled up on the road outside the shopping centre with two occupants inside.

The jury were told a woman walked towards the car and had unfriendly words with the person in the passenger seat before walking away.

A man then emerged from the car wearing a balaclava and carrying a large knife.

It is the prosecutions case that "the knifed man then made for Declan Gavin", who was at this stage on the upper level of the shopping centre, and stabbed him.

Mr Gavin having been wounded then turned and moved back down the steps trying to get into the safety of Abrakebabra while the attacker pursued him.

Ms Walley SC said: "Mr Gavin bleeding, wounded gains access to Abrakebabra and the door was shut behind him but the knifed man comes to the door and tries to gain access."

The court heard that the knife-wielding man having failed to gain access retraced his steps back up the stairs and sped away in the Nissan Micra.

Declan Gavin was taken to St James's Hospital where he was worked on but had lost a significant amount of blood, due to the chest wound which punctured his heart, and was pronounced dead at 5.30am.

It is the prosecutions case that it was Brian Rattigan who emerged from the Nissan Micra with the knife and that "'it was he who made for Declan Gavin".

The jury were told a bloody handprint was discovered by gardaí at the scene of the incident on the door and window of Abrakebabra.

Ms Walley SC told the jury: "Brian Rattigan left his prints on the window and door of Abrakebabra and in doing so he identified himself."

Ms Walley SC said: "It is the prosecutions case that Brian Rattigan's palm prints at the scene put him there, one of those prints was a red substance and swabs taken say that it is the blood of Declan Gavin."

Ms Walley SC told the jury that they would hear evidence from a considerable number of witnesses present on the night in questions and undoubtedly there accounts would differ.

She said: "Even though accounts will be diverse you should be able to discern a core of credible evidence which is the heart of the prosecutions case."

The trial continues on Wednesday morning before Mr Justice George Birmingham and a jury of eight men and four women.

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