A WICKLOW man accused of killing his father later asked a garda: "How is the old lad? Is he dead?" and started laughing, the Central Criminal Court was told yesterday.
Mr Thomas Heaney (28) has pleaded not guilty to the murder of his father, Mr Peter Heaney (59), a fitter, at their home at Marian Villas, Arklow, Co Wicklow, on October 9th, 1994.
The prosecution has claimed Mr Heaney stabbed his father to death as he lay drunk and asleep in his sitting room because he resented the relationship his father had formed with a married woman after his wife's death.
Garda Thomas Gabbett from Gorey station told the court yesterday he took charge of Heaney early on October 9th at Arklow station. He took him to wash his hands which were very bloody. He saw a deep cut on his finger, which was treated by Dr Mary Flood. He was brought a change of clothes, and when he was cautioned he said he would co operate 100 per cent.
He asked for Mr David Tarrant, a solicitor, but then said he wanted a friend and asked for his aunt, Ms Mary Sherwood. After he was provided with a change of clothes, he met his aunt in the hallway outside the cells.
Garda Gabbett said he apologised to Mr Heaney and his aunt but he had to record everything that was said between them. They said they understood, but most of what was said after that was in whispers.
He told Mr Justice Budd that Ms Sherwood asked: "All right what happened?", but he did not catch the reply. He then heard her say: "Over what?", to which Mr Heaney replied: "I am in the shit now". Ms Sherwood said: "You were drinking, weren't you?" and again the witness did not hear a response. When she again asked: "What happened?", Garda Gabbett heard Mr Heaney say: "Gin and drink."
He said when Ms Sherwood asked if they had got a doctor, Mr Heaney said: "He got Dr Flood OK in the morning. We'll sort it all out. All my own blood." He heard Mr Heaney say to his aunt: "He deserved it. Is he dead?"
After Ms Sherwood left at 3.55 a.m., gardai in Shankill told them Mr Peter Heaney had died. Before his son was told he asked the garda: "How is the old lad? Is he dead?" and he laughed. The garda said Mr Heaney again asked: "Is he dead or what?" but he did not tell him and talked about things in general through a hatch in the cell door.
Garda Gabbett said Mr Heaney was told by Sgt John Leary that his father was dead. "He became very very upset and started crying. He sat on the floor with his back to the wall just inside the door. When he got the bad news, he sat on the floor with his hands folded. He was crying and very very upset. That was the only reason I stayed with him. I was trying to console him."
He said he got him water and cigarettes and tried to encourage him to sleep as he would have a long and tough day ahead. Mr Heaney replied: "Get me something to sleep. I am just after killing my father." He asked him if he realised what he had said, cautioned him and asked him to repeat it.
He later said he could not believe his father was dead and that it wasn't right. He asked Garda Gabbett to telephone his brother in London saying: "Tell him the old lad is dead. He is going to f...ing kill me, Des my brother. The mother died three years ago from cancer."
Cross examined by Mr Brendan Grogan SC, defending, Garda Gabbett said he wrote down the conversation as it happened, but had not written everything down. One remark which he had not included was when Mr Heaney said to him: "They will kick the shit out of me now, won't they?" He did not think it was relevant.
The trial continues.