DRIMNAGH MURDER TRIAL:A YOUNG man has been found guilty of murdering two mechanics by stabbing them in their heads with a screwdriver.
David Curran (19), Lissadel Green, Drimnagh, Dublin, had pleaded not guilty to murdering the men but guilty to their manslaughter on the defence of provocation.
Pawel Kalite (28) and Marius Szwajkos (27), both from Poland, died after being stabbed in the head on February 23rd, 2008, outside their home on Benbulben Road, Drimnagh.
Seán Keogh (21), Vincent Street West, Inchicore, was found not guilty of the double murder. He had been charged on the grounds of joint enterprise. However, he was found guilty of assault causing harm to one of the men.
The Central Criminal Court jury of eight women and four men took almost six hours to reach the majority verdict following a trial that lasted just over three weeks.
It heard that Mr Kalite was in a row with an unnamed teenage boy outside the Drimnagh Take Away on Benbulben Road shortly before 6.30pm that Saturday. Curran’s father and two unnamed teenaged girls also became involved before the row ended and Mr Kalite went home.
Curran claimed that he spent the day drinking alcohol and taking drugs with Keogh and the other teenagers, although he had committed to a community detox programme at the time.
He started the day by going to the off-licence at 10am and getting vodka and cans. He said he shared this with some of the others and later drank alcopops, smoked cannabis and took at least 15 benzodiazepine tablets. He said he was “robbing” with Keogh at a factory in Inchicore while the three teenagers and his father were fighting with Mr Kalite at the chipper.
The jury did not believe Curran’s story that he had been phoned and told the lie that his father had been stabbed. This boy did not give evidence. Phone records showed that one of the girls rang Curran. She testified that she told him there was a fight, but did not mention his father.
Curran and Keogh made their way to the chipper. Curran had a screwdriver that he found in a moped he had stolen earlier. Mr Kalite had told his flatmates what had happened. They wanted him to stay indoors but he walked outside shortly before 6.45pm as the five teenagers came running towards the house.
Kamila Szeremata said she was standing beside Mr Kalite as Curran swung at her with the screwdriver, that she ducked and he stabbed Mr Kalite. Keogh told gardaí that he kicked Mr Kalite in his face as he fell. Within seconds Curran had stabbed Mr Szwajkos as he moved towards his fallen friend.
The five teenagers fled, leaving Ms Szeremata and her brother Radek with the victims, who never regained consciousness and died in hospital within days.
State Pathologist Dr Marie Cassidy said Mr Kalite sustained two stab wounds to his left temple, one which penetrated his skull and did irreparable damage to his brain. He also had broken teeth. Mr Swajkos was stabbed through the left temple, skull and brain. He also had a fracture to the right side of his skull, consistent with falling to the ground after being stabbed.
Curran and one of the girls sent each other a large number of unrelated text messages that evening in what they admitted was an attempt to cover up. A few of the text messages referred to the events, with the girl drafting an alibi for them shortly after midnight.
Gardaí seized her phone the following morning.
Curran went on the run, while Keogh initially denied involvement but eventually told gardaí about kicking Mr Kalite in the head after his “mate” stabbed him. He did not name the assailant.
When Curran was found, he also denied involvement but eventually named Keogh as the stabber. He admitted the stabbings and pleaded guilty to manslaughter three weeks ago when the jury was being sworn in.
Curran had claimed that, believing that the victims had stabbed his father, he was provoked by them shouting in their garden and by Mr Szwajkos moving from his door to his gate. He claimed that he was provoked to such an extent that he suddenly and totally lost control of himself and was no longer able to restrain himself.
The jury did not accept this. It reached a unanimous guilty verdict on the count of murdering Mr Kalite and a majority guilty verdict of 11 to one on the count of his murdering Mr Szwajkos.
The jury was not satisfied that Keogh was in a joint enterprise with Curran, that he knew he had a screwdriver going into the fight or that he might use it to kill or cause serious injury. It was unanimous in its decision to acquit him of murdering both men.
Keogh will be sentenced later this month for assaulting Mr Kalite. Curran will be sentenced this morning after the court hears a victim impact statement.