Witnesses say they were in car when driver shot man

THE JURY in the case of a Limerick man who allegedly shot dead a carpenter in retaliation for an arson attack at his home is …

THE JURY in the case of a Limerick man who allegedly shot dead a carpenter in retaliation for an arson attack at his home is expected to begin its deliberations on Monday.

Mr Justice Barry White yesterday sent the jury home for the weekend, after the prosecution concluded its case following seven days of evidence at the Central Criminal Court.

They argued that Kenneth Collopy (20) murdered Daniel Fitzgerald (25) as he left his uncle’s home at Ballysimon, outside Limerick city, on December 8th, 2009.

Mr Collopy, Kilonan, Ballysimon, has denied murdering Mr Fitzgerald, who was shot in the head and leg.

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The bullet went straight through his head, causing a traumatic brain injury. The wound to the leg caused internal haemorrhaging.

Two prosecution witnesses, Christopher Mulqueen and David Bussoli, told the court they were in a Toyota Corolla with Mr Collopy when he drove in to the Fitzgeralds’ yard at about 9.30pm on December 8th.

Mr Mulqueen said he was lying across the back seat and that Mr Collopy fired “16 or 17” shots from a black Glock handgun before driving off.

Mr Bussoli, who was in the passenger seat, said Mr Collopy told him to put his seat back and roll down the window.

He saw a man walking towards the car and then a gun was put across his face and Mr Collopy fired. He saw the man fall before they sped off in the car. The car was abandoned in fields and they ran to Mr Collopy’s house, Mr Bussoli said, where they were told to remove their clothes, which were then burnt.

Forensic experts have told the court that no firearm residue was found on swabs taken from Mr Collopy’s face and hands following his arrest less than two hours after the shooting.

Tests on two jackets he handed over to gardaí showed up “nothing of evidential value”, but a large number of particles consistent with firearm residue were found on swabs taken from the Toyota.

The defence argues that Mr Collopy only intended to fire at caravans in which the Fitzgerald family were temporarily staying, after his mother’s van was burnt out outside the family home.

A Garda witness told the trial it was possible Mr Collopy was under the impression that a member of the Fitzgerald family was involved.

However no family members, including Mr Fitzgerald and his uncle, were ever arrested or featured in any way in the investigation into the arson attack.

Garda investigators told the court that bullets fired into a second caravan were fired in a straight line, indicating the shooter was “more or less parallel” with that caravan.

The jury will hear closing speeches in the trial on Monday.