A YOUNG Co Wexford man who claimed his father had sexually abused him from when he was a child rang gardai and told them that after he finished eating his supper he was going to shoot his father, the Central Criminal Court heard yesterday.
Mr James Hendrick jnr (26) shot his father dead some time later, the court was told.
In a statement, the accused told gardai his father had began sexually abusing him shortly after he started national school at four years of age. He alleged his father had abused others in the past and he feared for the safety of other persons in the future.
"Going back as long as I can remember, I never got on with my father," he said in the statement. "Shortly after I started going to national school my father started to sexually abuse me."
"Over the years, a hate for my father built up in me and I Just couldn't take it any more, he said.
The statement was read to the court on the opening day of the trial of Mr Hendrick jnr, of Ballinvegga, Rathgarogue, New Ross, Co Wexford, for the murder of his father, James Hendrick snr (58), in Co Wexford on January 27th last year.
When he was arraigned in court yesterday, the defendant, wearing a dark suit, white shirt and red tie, pleaded not guilty to murder but admitted manslaughter. The plea was rejected by the State.
Opening the case, Mr Gregory Murphy SC, prosecuting, told the jury they were the first to sit in a trial in the Central criminal Court where the prosecution was calling no evidence.
It was open to both the prosecution and defence to admit certain facts in the case and 88 admissions being made by the defence were agreed by the prosecution.
The court heard the accused lived with his father, uncle, and brother, Patrick, at the family home at Ballinvegga. His two sisters did not live at home and his mother had died about 14 years earlier. Mr Murphy said James Hendrick snr was shot by his son in the early morning of January 27th, 1996. The accused had drunk seven to eight large bottles of beer before returning home. His father was watching TV and demanded that his son hand over his weekly payment for the house.
Counsel said the accused threw £20 on the table and began preparing food to eat. His father went to bed and came back into the kitchen and told his son to go to bed. The accused told him to ... off" and his father returned to bed.
Mr Murphy read from a statement made by the accused to gardai.
In the statement, the accused said: "I was going out to get a bowl to put the food in the pot into the microwave. At this stage I had my mind made up that I was going to shoot my father. I decided I would ring the gardai and tell them what I was going to do. I spoke to a Garda ... I told him I was going to shoot my father when I had finished eating."
The accused said the garda had tried to persuade him not to. He gave the garda his name and address, and when he finished talking to him be finished eating his food and washed the bowl.
The accused told gardai he went to his bedroom and got his shotgun and cartridges. He said he had a conversation with his brother, Paddy, but couldn't remember what about. He went into the hall with the gun and gunbelt, loaded it with cartridges, closed it and took off the safety catch.
"I pushed open the door of my father's bedroom, I switched on the light in the bedroom. My father sat up in the bed. I fired two shots at my father from the door. I knew for definite that I hit him with the first shot. I am nearly sure. The second shot was lower than the first."
The accused said he went to a neighbour's house and told them he had shot his father. He spoke by telephone again to the gardai from the neighbour's house.
Mr Murphy said it was the State's case that the evidence did not establish that the accused lost control when he shot his father. Even if he did lose control, the State contended the amount of violence bore no relation to any possible provocation.
He said the accused had later told gardai: "He crossed the line. He's been doing it for years. Hasta la vista."
Mr Patrick MacEntee SC, defending, made a long list of admissions regarding the facts of the case.
He said the accused admitted he shot his father twice and his father died in an ambulance en route to hospital from shock and haemorrhage due to laceration of his left lung, ribs and artery. There was another wound in his forearm.
Counsel said the accused had telephoned gardai and told them he would kill his father when he finished eating his meal. He had told the gardai it would take them 10 minutes to get to the house and that it would be too late if they took longer. He had also told them he had been sexually abused by his father.
The court heard the weather was so bad that night the gardai had to turn back and didn't get to the Hendrick home until after the shooting.
Counsel said the accused had told gardai that two other persons would now be "sale". The trial continues today before Mr Justice Geoghegan and a jury of nine men and three women.