A CENTRAL Criminal Court jury has heard that a taxi driver was stabbed to death in front of his partner and two-year-old son last year in Blanchardstown, Dublin.
Carlos Byrne (22) and Lindsey Fahy (25), both Linnetsfield Square, Clonee, Co Meath, deny murdering Mark Smith (31) at Fortlawn, Blanchardstown, on March 18th, 2008.
The jury was told that it would hear that Mr Smith was stabbed 43 times in what prosecution counsel described as a “frenzied attack”.
Emma Shaw, Mr Smith’s partner, told John Aylmer SC, prosecuting, that he knew Mr Byrne and that he drove to meet him on the night he died. She went with Mr Smith carrying their child on her knee.
At Mr Byrne’s house, Mr Byrne and Ms Fahy got into the back of the car which was then driven to Fortlawn Avenue.
She said Mr Byrne was sitting directly behind Mr Smith and put one arm around his neck and stabbed him with his other hand. She said she tried to pull Mr Byrne’s arm away but Ms Fahy grabbed her arm.
Ms Shaw said Mr Smith managed to get out of the car, put his hands up and said to Mr Byrne: “Why are you doing this?” as Mr Byrne continued to stab him. Ms Shaw told Mr Aylmer that she lived with Mr Smith in Duleek, Co Meath. On March 18th last year, at about 8pm, Mr Smith said he was going for a spin and she decided to go with him and bring their two-year-old child.
Mr Smith drove to Mr Byrne’s address, parked outside and waited. Ms Shaw said she had heard Mr Byrne’s name mentioned before that evening but she did not know who he was. She said she knew they were there to meet Mr Byrne but did not know why.
After Mr Smith’s death she realised the meeting was about money.
After some time Mr Byrne arrived and got into the back of Mr Smith’s Toyota Avensis. He sat on the driver’s side as there was a baby seat on the back passenger side. Ms Shaw said Ms Fahy then got into the car and sat between Mr Byrne and the baby seat.
Ms Shaw said Mr Byrne wanted to go to Fortlawn Avenue in Blanchardstown so Mr Smith drove there. When the car stopped Mr Byrne put his arm around Mr Smith’s neck and stabbed him.
“I thought he was digging him until I saw the blood start to squirt, I didn’t know if he had a knife or a screwdriver,” she told the court.
Ms Shaw said she tried to grab Mr Byrne’s arm but Ms Fahy, “grabbed me to stop me stopping him”. She said Mr Smith released his seat belt and got out of the car where Mr Byrne continued to attack him.
Ms Shaw said her child was screaming and Mr Smith was asking: “Why are you doing this to me?” She said Mr Smith ran and Mr Byrne followed him with the knife.
In opening the case for the prosecution, Mr Aylmer told the jury that it would hear from the State pathologist that Mr Smith received 43 stab wounds to his neck, face, chest and trunk.
He said the wounds were all potentially fatal and Mr Smith suffered rapid blood loss.
Mr Aylmer said it was the State’s case that Ms Fahy stabbed Mr Smith once in the face at the beginning of the attack and then later kicked him as he lay on the ground. Mr Aylmer said the jury would hear that the attack continued while Mr Smith lay on the ground where he received a further five stab wounds.
He was pronounced dead at the scene just after 11pm.
Mr Aylmer said the jury would hear evidence from a number of residents of Fortlawn Avenue who witnessed the incident.
He said that Ms Fahy was charged with murder in that she aided and abetted the principal offender by her “presence, support and encouragement” as well as by her physical involvement.
If the jury found Ms Fahy not guilty of murder or manslaughter, then it should consider two further charges against her, he added.
She has also pleaded not guilty to assaulting Mr Smith causing him harm and possession of a knife with the intention to cause injury.
The trial continues before Mr Justice Paul Butler and a jury of six men and six women.