Man on trial for hospital murder

The trial of a 50-year-old man accused of stabbing a HIV positive man to death as he lay in his hospital bed began at the Central…

The trial of a 50-year-old man accused of stabbing a HIV positive man to death as he lay in his hospital bed began at the Central Criminal Court yesterday.

A father of four children, Mr Patrick Gilraine (otherwise known as Kilraine), of Basin Street flats, Dublin, has pleaded not guilty to the murder of Mr Kevin Dowler (52) at St James's Hospital, Dublin, on February 7th, 2000.

Opening the prosecution's case, Mr Shane Murphy SC told the jury that the accused attacked Mr Dowler because he was concerned that if he was released from hospital he "might pose a threat to a child or children in the Basin Street flats area".

The victim was homosexual and Mr Gilraine alleged he was a paedophile who "used to shag 14- or 15-year-olds". He told gardaí he stabbed Mr Dowler "to save other kids".

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The two men knew each other socially as they both lived in the Basin Street flats area of Dublin 8, although Mr Gilraine is from Arigna, Co Roscommon.

Dr Sean Curran from St James's Hospital gave evidence that Mr Dowler was HIV positive, but said that at the time of his death he was being treated for a "deep personal wound".

This required him to spend 10 weeks in hospital to have plastic surgery and skin grafts, but he was about to be discharged when he was killed.

The court heard that the accused visited Mr Dowler on the afternoon of February 7th and expressed his concerns about his release to a social worker at the hospital.

He later returned and confronted the patient in his hospital bed, stabbing him seven times with a steak knife.

Mr Stuart Firmin, a security guard at the hospital, gave evidence that when he confronted Mr Gilraine as he tried to flee the hospital grounds, he said: "I did it, I stabbed him."

"I asked him why he stabbed him and he said he was a paedophile," Mr Firmin said.

Det Insp Michael O'Sullivan told the court that following his arrest the accused told gardaí he was sorry but that he "had to do it".

"He was only waiting to come out and go up to the park and ride young lads," he told the gardaí.

The accused was especially concerned that Mr Dowler had been watching a particular local boy growing up.

"He used to give him sweets, I just couldn't stand it any more," he said.

"Every time I discussed it with him . . . he said it disgusted him, but he still did it," he continued.

"I just wanted to threaten him, I told him to stay away from young boys," he said.

"I stabbed him to keep him in hospital, I was annoyed that he would not leave young people alone . . . I knew he would not stop," he later said.

Sgt Joseph Crowe told Mr David Goldberg SC, for the defence, that there was no evidence that the allegations made against the deceased by Mr Gilraine were true.

However, statements had been taken from one local boy who said that Mr Dowler had taken him to Bray and once touched him on the bottom.

The trial continues today before a jury and Mr Justice O'Higgins.