A driver who ran his car over another man told gardai when he was arrested at the scene that he had "just killed my brother-in-law", Dublin Circuit Criminal Court has been told. Garda William Cadogan told Mr George Birmingham SC, prosecuting, that the man appeared shocked and confused when he arrested him.
He said he got a strong smell of alcohol on the man's breath when he said: "What are you arresting me for? I've just killed my brother-in-law."
The garda was giving evidence on the fifth day of the trial of Mr Steven Graysmark (42), of Sundale Avenue, Tallaght, Dublin, who has denied manslaughter and dangerous driving causing the death of Mr James Malone (31) and drunk driving on Fonthill Road, Rathfarnham, on August 29th, 1999.
Garda Cadogan also told the jury tests conducted later showed Mr Graysmark had 157mg of alcohol for every 100ml of blood. The legal limit, he said, was 80mg per 100ml of blood.
The Chief State Pathologist, Dr John Harbison, told Mr Birmingham that post-mortem results showed that Mr Malone (31), of Foxborough Villas, Lucan, died of extensive chest injuries.
Earlier, two witnesses told the jury they had seen Mr Malone with his arms outstretched, jumping in front of Mr Graysmark's truck. The two witnesses were in a taxi.
The taxi passenger, Mr Sean Barry, told Mr Peter Charleton SC, defending, that he saw Mr Malone walking towards the truck with his arms outstretched.
When he was just four feet from the truck, he had jumped straight at it.
The driver of the taxi, Mr Tommy Dunne, said he had to park his car in front of the moving truck to stop it from driving off after it had hit the victim.
He told Mr Birmingham he saw a woman and three children "screaming, crying and shouting" in the truck.
When he spoke to the truckdriver, he appeared "completely expressionless". When he asked him if he knew he had hit a man he just replied: "Yes."
Mr Dunne said he then asked the driver if he knew the man was still under the vehicle and he replied: "I thought he bounced off."
He told Mr Peter Charleton SC, defending, who had asked whether he could hear anything intelligible from the screams, that he had heard the woman shout: "Keep going, keep going, don't stop."
Mr Dunne agreed that he heard her say this after he had seen the man in front of the truck, but before it had hit him.
The hearing continues.