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Murder witness saw man with knife tell victim 'you're dead'
25/11/2009 - 17:33:28

A witness at the trial of a Dublin man accused of murder saw a man with a knife pull off his balaclava and tell another man ‘’you're dead’’ before fatally stabbing him the Central Criminal Court heard today.

Brian Rattigan (aged 28), Cooley Rd, Drimnagh, Dublin, has pleaded not guilty to the murder of Declan Gavin (aged 21) Mourne Rd, Driminagh, at Crumlin Rd, Crumlin on August 25, 2001.

It is the prosecution’s case that Mr Rattigan got out of a Nissan Micra that pulled up outside an Abrakebabra fast food outlet at the Crumlin shopping centre before he ‘’made for Declan Gavin’’ with a knife.

Mark Skerrit told Ms Pauline Walley SC, prosecuting, that he was outside Abrakebabra at Crumlin shopping centre with Jessica McGrane, Anita Freeman and James Naughton on the night of the alleged murder.

He said he saw a number of young ‘fellas’ standing outside the food outlet, some of whom he recognised, with golf clubs waiting for someone.

Mr Skerrit said an argument broke out between David Byrne, one of the group of young men standing outside, and his cousin Jessica McGrane.

He said: "The tension started rising so I told David to stop making a show of her and then there was a bit of tension between us."

The witness told prosecuting counsel that it was at this point he saw Declan Gavin who tried to break up the argument.

Mr Skerrit said: "Then Deco Gavin came over to me and put his arm around me and walked me away."

Mark Skerrit told the court that a few minutes later a Nissan Micra, with a number of ‘’fellas’’ inside, pulled up on the road in front of Abrakebabra.

He said: "I saw a fella pulling a balaclava down on him as he was getting out of the car and he had a big knife in his left hand."

The witness said at that point everybody ‘’scattered’’ and the men inside the car were shouting ‘’Rat, Rat, there he is.’’

Mr Skerrit told the court the man with a knife ran towards Declan Gavin and stabbed him in the chest.

He said: "When he ran up to Deco Gavin he pulled up his balaclava and said 'Do you remember me?' and then said 'Your dead' and then stabbed him in the chest."

Mark Skerrit told Brendan Grehan SC, defending, he was standing about five feet, away from Declan Gavin when he was stabbed and described the knifed man as ‘’out off his head’’.

The court heard that after Declan Gavin was stabbed Mr Skerrit chased the assailant with a golf club and hit him over the head numerous times.

Mr Skerrit told Mr Grehan SC, in cross-examination: "I hit him loads of times, I whacked him over the head and shoulders with a golf club until he got into the car."

He said: "I broke the golf club on his head he stumbled at the car and the men in the car dragged him inside."

When asked by Brendan Grehan SC where he got the golf club Mr Skerrit said he got it off the group of fellas who had the golf clubs earlier.

He said: "I got the golf club and ran back towards the man with the knife who was running towards the car."

Mr Skerrit told Mr Grehan SC he went into Abrakebabra to see if Declan Gavin was alright and found him lying on the floor in the kitchen area.

He said: "There was blood all over him. He tried to talk to me but he was coughing up blood I couldn’t understand him."

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