A murder trial at the Central Criminal Court was told yesterday that a woman who witnessed the assault on the victim got up from her "ringside" seat "for a can of beer" during the attack.
Alan Keogh (32), of Wellmount Green, Finglas and Gary McNevin (31), of no fixed abode but with an address at Glenhill Road, Finglas, have pleaded not guilty to the murder of Peter Mitchell (32), of Monasterboice Road, Crumlin, at Monasterboice Road between and inclusive of October 17th-20th, 2003.
The court has heard that Wendy Howard was drinking in the company of the two accused and the victim at a pub and later at Mr Mitchell's house on the night of the killing.
Cross-examining Ms Howard, Patrick MacEntee SC, for Mr McNevin, asked: "I want to be clear on this, did you say that Gary McNevin lifted his crutch and hit Mr Mitchell several times? How did Mr Mitchell react?"
"He was in pain, you could see it on his face. He put his hands up beside his head to protect himself," Ms Howard replied. After the beating with the crutch, Ms Howard said Mr McNevin "got a knife" from the kitchen. She agreed with Mr MacEntee that she was "very frightened".
"Did you not try and find the male you had been kissing earlier for protection for yourself, did that not happen?" Mr MacEntee asked. "No," she said.
Ms Howard had told the court she had "kissed" Mr Keogh "just for a minute" about half an hour to an hour before the assault took place. According to Ms Howard, Mr McNevin told the deceased that "he'd never go down his [Mr McNevin's] pockets again" and that "he'd be sorry for what he'd done". She could not tell Mr MacEntee whether Mr Keogh was angry about Mr Mitchell's conduct. "I don't know," she said.
Mr MacEntee drew on previous evidence the witness had given. "You told us that during the assault you got up from your ringside seat and went into the kitchen and got a can of beer - is that true?"
"Yes," Ms Howard said. She said she "remembered passing Peter, I think he was dead".
"Are you telling the jury that after Mr Mitchell was beaten, stabbed and tied up, that after all of those things, and you were apparently threatened, that you allegedly passed these assassins to get a can of beer? Is that true?" Mr MacEntee asked Ms Howard.
"It probably is, I can't remember every bleeding thing," she said. She also denied previous evidence that she and Mr McNevin were "kissing and cuddling" in the back seat of a taxi, which picked up the accused and Ms Howard around Monasterboice Road before 5am.
The trial continues.