Murder trial witness tells court he heard woman shout “Sean Don’t”

Killarney Court
Killarney Court

A witness has told the murder trial of a man, who admits firing two fatal shots, that he heard two bangs and two women shouting: ‘Seán Don’t’ that night.

Leon Fay was giving evidence to the Central Criminal Court yesterday in the trial of 33-year-old Seán Ducque, who is charged with murdering a man in Dublin City in 2014.

Mr Ducque, of no fixed abode, has pleaded not guilty to murdering Kieran Farrelly (33) on 26th October 2014 at Killarney Court, Killarney Street.

However, as his trial got under way yesterday, his barrister, Hugh O’Keeffe SC, stood up to make an admission.

“The accused, Seán Ducque, admits that on 26th October 2014, he fired two shots from a shotgun, later found on Mabbot Lane, which killed Kieran Farrelly,” he said.

Leon Fay later testified that he was living across the street from Killarney Court at the time. He recalled being in his bedroom around 11.30 that night.

“I heard what I thought was a firework, and shortly afterwards another,” he said, describing them as two bangs.

“Then I heard some women shouting. They were distressed, shouting: ‘Sean Don’t’. There were two females,” he added.

He said he also heard a male voice say something like: ‘I’ll meet you around the back’, before seeing the two women running together.

He and his brother went down to see if someone had been shot.

“I looked over and saw a body lying down on the ground so then I climbed over the railing to see if I could help,” he recalled. “The man who had been shot was talking to me. He just said: ‘Help me’ and that was it.”

Mr Fay said he could see that he had been shot in the head and side and called an ambulance.

State Pathologist Professor Marie Cassidy carried out a post-mortem exam on Mr Farrelly’s body. She testified that he had been the victim of fatal shooting, sustaining two shotgun injuries: one to the eye and one to the chest.

A bursting injury had caused a large, gaping wound over the left side of his face and she had to reconstruct the skin to reveal where the entry wound was.

An internal exam showed extensive damage to his skull, brain, liver, right lung and right kidney.

She said that the head wound had been inflicted at close range, causing a devastating head injury. She said that the chest wound, which had been inflicted at more distance, was likely to have been the first shot. This would have resulted in him collapsing to the ground.

“Either would have proved fatal,” she said, giving the cause of death as shotgun injuries to the head and trunk.

Dominic McGinn SC earlier opened the case on behalf of the State, explaining that the prosecution case was that Mr Farrelly was murdered.

He said that a garda search of the area had turned up a discharged shotgun cartridge and that the accused was located shortly after 6am in nearby Mabbot Lane.

A sawn-off, double barreled shotgun was found in a wheelie bin on the lane, along with another discharged cartridge.

The barrister said that analysis of the gun found that Mr Farrelly’s trunk wound compared with a test shot from two to three metres away, and that the eye wound compared with a shot from a distance of a metre or less.

“Mr Ducque has accepted that it was he who fired the shots,” said Mr McGinn. “Nevertheless the prosecution have to prove he’s guilty of murder.”

He explained that one of the elements that had to be proven was that the accused had intended to kill or seriously injure the deceased.

“If the intention is less than that, it would be manslaughter,” he said, explaining that the jury would have to ask itself what Mr Ducque’s intentions were.

“In this case, the prosecution says that when you use a shotgun to shoot someone at close range twice, the natural and probable consequences are that, at the very least, you’re going to cause him serious harm,” he said.

“And therefore, you’re entitled to presume that he intended to kill or cause serious injury.”

The trial continues before Mr Justice Paul Butler and a jury of six men and six women. It’s expected to last two weeks.