A DRIMNAGH teenager stabbed two Polish mechanics through their brains, possibly with a screwdriver, outside their Dublin home on a February evening two years ago, the Central Criminal Court heard yesterday.
The court heard Pawel Kalite (29) and Marius Szwajkos (27) were killed on February 23rd, 2008, on Benbulben Road in Drimnagh, half an hour after Mr Kalite got into a fight with their killer’s father and a teenager at the local chipper.
David Curran of Lissadel Green, Drimnagh, has pleaded not guilty to their murder but guilty to their manslaughter due to provocation. The 19-year-old had been seen with a screwdriver moments before the killing.
His barrister, Giolliaosa Ó Lidheadha, said his client admitted causing the fatal injuries but was the subject of a sudden and total loss of control, which resulted from the actions or words of the deceased. He said blows were inflicted in circumstances where he was incapable of restraining himself.
His 21-year-old co-accused, Seán Keogh of Vincent Street West, Inchicore, pleaded not guilty to the double murder.
The jury heard a 15-year-old boy bumped into Mr Kalite about 6.15pm that evening as Mr Kalite came out of a take-away just 70 metres from his home.
Ian Flynn was sitting in a car with some friends outside the chipper. “I seen the Polish lad walk out of the chipper. The kid bumped into him and he chased the young lad around,” recalled Mr Flynn on the first day of the trial. “When they went over to the butcher, some guy came out of nowhere and pushed the Polish lad up against the shutters and told him to leave it out.” The jury was told that this man was Mr Curran’s father.
Mr Flynn said two girls also got involved and Mr Kalite ended up on the ground, but soon got up and “stormed back up” to his house. He said one of the girls was very upset. “One of them threw a wine bottle up the road, smashed it on the ground,” he testified.
He said a number of young men came along shouting, including one who was about 17. This teenager, who had red hair, kicked the car in which Mr Flynn was sitting.
Mr Flynn agreed with Mr O ÓLidheadha that the Polish man put his chips down to chase the teenager who bumped into him. He agreed that one of the girls complained the Polish man pulled her hair.
He agreed the red-haired teenager was “fired up” and swinging something at the car he was in, and seemed to think the occupants were involved in the fight.
John O’Kelly, prosecuting, earlier told the eight women and four men of the jury that if it all ended when Mr Kalite went home after the initial incident, they would not be in court.
“One of the girls apparently rang David Curran, who was nicknamed ‘Schillaci’,” he said in his opening speech. “Ten minutes later, David Curran and Seán Keogh turn up outside the take-away.” “David Curran had a screwdriver,” he said. “Curran was angry and saying, ‘Was it youse?’ ” He said after Mr Curran kicked the parked car he, Seán Keogh, the girls and the 15-year-old went to Mr Kalite’s house.
“Meanwhile, inside, Pawel Kalite was upset and angry and wanted to go outside to confront the people who’d beaten him,” said Mr O’Kelly. “His housemates, including the unfortunate Marius Szwajkos, were saying no, that there was no point.” However, Mr Kalite went outside, and his housemates went out to try to prevent a confrontation, he said.
“The others had arrived outside and they attacked,” he said of the defendants. “It was a quick fight. It involved punching, kicking, Pawel Kalite being held by the throat,” he continued. “The fatal wounds were stab wounds inflicted by a screwdriver.”
Mr Kalite received two stab wounds to his head, one which penetrated the skull and part of his brain. “Mr Szwajkos tried to assist Mr Kalite and sustained an almost identical stab wound,” he said.
He also had a wound on the other side of his skull, suggesting the screwdriver might have gone right through his brain and hit the skull on the other side, he added. Mr Szwajkos died two days later, and Mr Kalite died four days later.
He said the defence of provocation did not apply, as neither defendant was at the chipper when the fight broke out. Apparently they were drinking, he said. On the issue of guilt where more than one person was involved, but one caused the fatal blow, he said: “If two or more attack another with common intent, then one is as guilty as the other,” quoting the law on common design and joint enterprise.
“These two young men came along looking for trouble,” he said, adding they were full of fight. The trial, which could last more than three weeks, continues before Mr Justice Liam McKechnie.