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Gardai investigating Waterford killing watched brutal clip from American History X

Martin Brophy, girlfriend Mary Smith and baby son David (Pic: The Herald)
Martin Brophy, girlfriend Mary Smith and baby son David (Pic: The Herald)

The jury in the trial of a Waterford man charged with the 2012 murder of Martin Brophy has heard that gardai were provided with a clip from the film American History X in which one man tells another to bite the kerb before applying bodily force to the head.

William Moran (20) of Connolly Place, Waterford City is charged with murdering Martin Brophy (22) at the old Waterford Institute of Technology (WIT) building between May 19 and May 21 2012.

Mr Moran has pleaded not guilty to the charge and is currently on trial at the Central Criminal Court in Dublin.

Taking to the stand, Detective garda Kevin Nolan confirmed with Michael Delaney SC prosecuting today that he was provided with a disk in the weeks following May 2012.

"The title of the disk was American History X, which is an American crime drama that tells a story of two brothers who become involved in the neo-Nazi movement."

"The clip depicts one of the brothers who overpowers an intruder forcing him to the  ground facing downwards. He forces him to place his open mouth onto the kerb outside - when he has his open mouth against the kerb he orders him to bite the kerb and applies bodily force to the head of the intruder leading to the death of the intruder."

Taking to the stand, Davina Wrafter (18) told Senior Counsel for the prosecution Michael Delaney today that she has known Gavin Walsh since she was four or five years of age.

When asked when she had heard about the death of Martin Brophy, Miss Wrafter told the court "I heard it in May (2012) but didn't hear the actual story until a month later when Gavin Walsh told me exactly what happened".

"He told me William Moran hit Skip with a brick into the head. He said he gave him (Martin Brophy) three kicks into the head."

"I asked him why he did that and he said he thought he (Martin Brophy) was already dead when he did it."

When asked if she had told anyone, Miss Wrafter replied "no I was only 15 and I was terrified. A few months ago, any time he (Gavin Walsh) was drunk, he would get in a temper. He screamed at me 'I'm not afraid of anyone - I kicked a man three times into the head and killed him'".

The court heard that Miss Wrafter went to gardai after seeing details of evidence given by Gavin Walsh (Feb 17th) in court that appeared on the Facebook page of Waterford radio station WLRFM.

Under cross examination by Senior Counsel for the defence, Colman Cody, Miss Wrafter confirmed that what drew her attention to the death of Martin Brophy was the fact that he was killed with kicks to the head.

"On Stephens day (2014) after getting too drunk he (Gavin Walsh) was starting arguments and he blurted out 'I'm not afraid of anyone - I kicked a man three times in the side of his head and killed him'. He looked really angry and irritated," she said.

When asked why Miss Wrafter did not go to the guards after Stephens day, she replied "I didn't know whether he was saying it to sound tough around everyone or not".

"The WLRFM Facebook page said the deceased was killed with kicks to the head - when I remembered what Gavin told me it was on my conscience."

"I decided to go to the guards".

The trial continues tomorrow before Mr Justice Patrick McCarthy and a jury of four women and seven men.