A JURY at the trial of a Dublin man accused of murder has failed to reach a verdict.
The six men and six women had deliberated for 11 hours at the Central Criminal Court on the trial of Brian Rattigan (28), Cooley Road, Drimnagh, Dublin, who had pleaded not guilty to murdering Declan Gavin (21), Mourne Road, Drimnagh, outside a fast-food outlet in Crumlin in August 2001.
Mr Justice Barry White was told that at least 10 of the jury members had failed to reach a verdict.
He thanked the jury members for the “conscientious manner in which you have attended to this case”.
He said that it would be “inappropriate to comment on the evidence of the case . . . other than to say I can readily appreciate how there may have been diverging views among your number”.
“Had the case proceeded to finality, there were comments I’d like to have made in relation to the evidence in this case,” he said.
During the trial, the jury heard that a crowd of young people was gathered outside and inside Abrakebabra. Shortly after 3am, a Nissan Micra pulled up on the road outside.
One witness described the car as “screeching to a halt.” A girl walked toward the car and “had words” with the person in the passenger seat. She kicked the car and walked away from it.
Mr Gavin then walked out of Abrakebabra and approached the car. Someone inside the car shouted, “You rat.” Then a man wearing a balaclava and carrying a knife got out of the car. One witness described the man as “running with a knife in his hand . . . He was running around like he was looking for someone.”
The man walked towards Mr Gavin and stabbed him. Mr Gavin then “struggled” down the steps towards Abrakebabra, followed by his assailant. The jury was told that the assailant ran back towards the Nissan Micra.
Witness Mark Skerrit said that he grabbed a golf club from one of the people outside Abrakebabra and chased the assailant. He hit him on the head a couple of times while he was getting into the car, which was then driven away.
Later that morning, members of the Garda Technical Bureau arrived at the crime scene.Det Garda Christopher O’Connor told the court he found a palm mark in “what appeared to be blood” on the exterior of the window beside the front door. He matched this palm mark to Mr Rattigan.
When asked where he was on the night of the stabbing, Mr Rattigan said he was with a married woman whose “fella was away”. He would not tell gardaí who she was. When pressed further, he said: “No f**king way, you can find her for yourself.” When it was put to him that “a lot of people witnessed the stabbing that night, he said: “They can say what they like, but they will have to say it all in court.”