A 27-year-old Cork man was lured to his death and beaten with a hurley before his body was discovered near Blackrock Castle in Cork city, a murder trial jury heard at the Central Criminal Court today.
Mr Martin O'Leary (27) of Nutley Road, Mahon, Cork and Mr Philip Dorney (25) of Nutley Avenue, Mahon, Cork, have pleaded not guilty to murdering Mr Derek O'Connell at Blackrock Castle on 15 September 2002.
Mr O'Leary denied six counts of intimidation of potential witnesses, with the intention of interfering with the murder investigation, at Nutley Avenue on September 15th, 2002. Mr Dorney also pleaded not guilty to seven counts of intimidation of potential witnesses at Nutley Avenue on the same date.
Opening the case for the prosecution, Mr Patrick J McCarthy SC told the jury that the victim's death "was caused by the use of a hurley".
He described the scene of the crime, Blackrock Castle, as a "Victorian Gothic building" built near the seashore three miles downstream from Cork city. He said there was a significant number of people there at the time the murder occurred, on a late Sunday afternoon in September 2002.
He said the deceased and Mr O'Leary were seen walking in the direction of the Castle "at the time when the murder was committed". "Mr O'Connell was invited by Mr O'Leary to come for a walk" Mr McCarthy told the jury. "A walk which led to his death" he added. Mr O'Connell's badly beaten body was later discovered in an overgrown area in the vicinity of Blackrock Castle by a group of teenagers around 7 p.m. that evening, he said.
He told the jury of six men and six women that Mr O'Leary was responsible for the actual "infliction of the physical injuries" on Mr O'Connell and that Mr Dorney was not in the area at the time. He explained that although Mr Dorney was not there, the murder was " a common or joint enterprise".
He described the victim as a man who had "considerable difficulties in life" and had "a significant problem with alcohol".
Mr O'Connell had moved in with a friend, Mr Don McDonald two weeks prior to his death and it was during this time, Mr McCarthy alleged, that "he associated himself with Philip Dorney and Martin O'Leary".
He told the jury the accused would call to Mr McDonalds house "every day" and that they had called to his house around 8 a.m. the day Mr O'Connell died. "There was a history of dealings between the people in question" added Mr O'Connell.
He said that "lies were told by the two men" and that they denied ever knowing the deceased after his death. "It will be suggested and proved that some time before, Mr Dorney had been responsible for a threat against Derek O'Connell" Mr McCarthy said.
It will also be alleged that Mr Dorney handed Mr O'Leary a knife, which was "evidence to show his hostility towards Mr O'Connell", according to Mr McCarthy.
Regarding the intimidation charges brought against the accused, Mr McCarthy said "the prosecution alleges the threatening of witnesses occurred in relation to the charge of murder".
The jury will begin hearing evidence before Mr Justice Barry White tomorrow. The trial is expected to last up to three weeks.