THE OPENING of a murder trial at the Special Criminal Court yesterday heard how two shots rang out in a churchyard in Co Donegal.
Prosecuting counsel Tom O’Connell SC said Martin Kelly was part of a joint enterprise to lure Andrew Burns, who lived in Strabane, Co Tyrone, to the car park at Donnyloop, which is just across the Border in Co Donegal.
The shooting was heard by a group of five young people from Clady, Co Tyrone who were walking in the area, he added.
Martin Kelly (36), a bus driver, of Barrack Street, Strabane, Co Tyrone, pleaded not guilty to the murder of Andrew Burns (27) at Donnyloop, Castlefin, Co Donegal, on February 12th, 2008.
Opening the prosecution case, Mr O’Connell said that on the day of the murder, Mr Burns spent the day at the home of his elderly parents, three miles outside Strabane, and they dropped him back to the town at about 6.45 pm.
A group of five young people from Clady in Co Tyrone, which is 1.4km from Donnyloop, were walking along the road just after 7pm. They would give evidence that they heard two shots at about 7.10 pm.
They also saw a silver car drive in the direction of the car park then drive past them at high speed. Later they saw the body of Mr Burns on the road.
Mr O’Connell told the court that Mr Kelly was arrested in Milford, Co Donegal, in February 2010 and he was taken to Letterkenny Garda station.
He was also later interviewed in Northern Ireland by two senior Garda officers, Det Supt Diarmuid O’Sullivan and Supt Kevin English.
Counsel said that Mr Kelly made a number of alleged admissions to gardaí.
Defence counsel Giollaíosa Ó Lideadha SC told the court that the defence would be challenging the admissibility of the alleged admissions and would contend that the statements were not made voluntarily.