Woman heard a `bang' when van hit, killed her husband

A Lucan woman told the Dublin Circuit Criminal Court she heard a "loud bang" when the van in which she was a passenger ran into…

A Lucan woman told the Dublin Circuit Criminal Court she heard a "loud bang" when the van in which she was a passenger ran into her husband and killed him, but she did not know at the time what had happened.

Ms Jacinta Malone, of Foxborough Villas, Lucan, was giving evidence at the trial of her brother-in-law who has been charged with unlawful killing of her husband, Mr James Malone (32).

Mr Steven Graysmark (41), an English national, of Sundale Avenue, Tallaght, has pleaded not guilty to manslaughter, dangerous driving causing death and driving while drunk on August 29th, 1999.

Ms Malone told the court she was too busy protecting her four-year-old child who was on her lap, and her 14-year-old twins who were sitting beside her on the front seat of the vehicle, to watch the road.

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She told Mr George Birmingham SC, prosecuting, that she could not recall what her brother-in-law's demeanour was except that he seemed "just totally transfixed by James".

She said she and her husband had a fight shortly before the incident. They were going from the defendant's house to their own home in Lucan when, during a fight, her husband got out of the car and decided to walk.

Instead of continuing on her way home, she returned to Mr Graysmark's house where he lived with her sister. The two couples had spent the day drinking together. Ms Malone said she drove back to her sister's place, talked to her for a few minutes, and decided to fetch her children from her house in Lucan and bring them back to her sister's for the night.

On the way, she noticed Mr Graysmark following her in his van. She pulled over at a petrol station and he stopped too. They decided to continue the journey together and she got into the van with him.

Shortly afterwards they saw her husband and, after driving on for a while, decided to go back and talk to him. She said she asked the defendant if he could talk to her husband and "calm him down a bit".

When they stopped, her husband dragged her out of the van and started hitting her and shouting at her. Mr Graysmark intervened and he and Mr Malone got into a fight.

She said Mr Malone's shirt was torn during the fight and that when it was over, she got back into the van with Mr Graysmark and they drove off.

On the junction of Belgard Road they saw a garda and stopped to tell him about Mr Malone. She said she wanted to ensure Mr Malone's safety and told the garda of the state he was in. They then continued on.

The next time they encountered Mr Malone was on Fonthill Road, on their way back from Foxborough Villas with the children in the van. Ms Malone said she saw her husband standing across the road and "the next thing we knew a stone came through the window of the truck". She said Mr Graysmark stopped the van and fought with Mr Malone again. She did not know how the fight ended, but when Mr Graysmark got back into the van she told him to drive toward Ronanstown Garda Station instead of to Tallaght.

Mr Graysmark reversed the van up on to the footpath where Mr Malone had been standing. She said she did not know if the van hit a wall, but knew Mr Graysmark got out once again and fought with Mr Malone.

She said by then all she and her children wanted to do was go back to her sister's place, so when Mr Graysmark got back in she told him to reverse again and head back towards Tallaght. They were headed towards Tallaght when she heard the bang.

The hearing continues before Judge Kieran O'Connor.