A murder accused who stabbed a fellow hostel resident to death entered his room dressed in a balaclava and armed with a butter knife in order to “frighten” but not to kill him, his defence lawyer has said.
Robert Murphy (42) has pleaded not guilty to murder but guilty to the manslaughter of Jamie Kavanagh (24) at a hostel on Harrington Street, Dublin 8 on April 19th, 2023.
Defence lawyers have said that Mr Murphy admits stabbing Mr Kavanagh, thereby causing his death. They told the jury they would be concerned with the circumstances and the accused's intent at the time.
The Central Criminal Court has heard that Mr Kavanagh lived in a bedsit on Harrington Street, which was run by a hostel and a charity called 'Crosscare'. Mr Kavanagh was on the first floor and the accused man lived next door to him. Many people living in the premises were "on the margins" and on State aid, the trial has been told.
The jury has already heard that Mr Murphy was followed by gardaí from the scene and was stopped on the street, where he was discovered to be carrying a bag with two large knives, a balaclava and blood-stained clothing.
The trial has also heard that when taken to a station following his arrest, Mr Murphy told a garda: “I wanted to kill him stone dead, he deserved to die”.
In his closing address to the jury, defence counsel Brendan Grehan SC, said Mr Murphy was aware that Mr Kavanagh kept knives and half of a garden shears in his room.
He said that Mr Murphy only intended to scare Mr Kavanagh, and if he had intended to kill he would have armed himself with more than a butter knife, knowing that Mr Kavanagh kept large knives in his room.
“What was he doing with the little knife? If he was going in to actually kill him, surely he would have gone in properly armed?” counsel said.
After his arrest, Mr Murphy told gardaí that the small blade he brought into the room with him had broken, and he picked up another knife when Jamie Kavanagh came at him.
Mr Grehan said that this small knife could not have caused the fatal blow to Mr Kavanagh. The killing wound to the left flank, which was 13cm in length, was caused by one of Mr Kavanagh’s longer black knives.
The defence said that the stabbing was a badly executed effort by Mr Murphy to get Mr Kavanagh out of the house.
They argued that the effect of drugs and lack of sleep on Mr Murphy on the night of the stabbing casts some doubt over the correctness of the admissions he made to gardaí.
They also said that Mr Murphy had no realisation that the injury was as serious as it was, and the prosecution had not proved that Mr Murphy was not acting in what he believed was self-defence.
Closing the case for the prosecution, Paul Greene SC told the jury that in an interview with gardaí on the day of the stabbing, Mr Murphy said that he entered Jamie Kavanagh’s room because the music was too loud.
Counsel said the accused said he wanted to clean up Harrington Street, he was collecting knives from the house, he was making the place safe and this was the last step he had taken to make the hostel safe.
Mr Greene said Mr Murphy then told gardaí that when he attacked Mr Kavanagh, he wanted to hold him down for “the fat f**k to bleed out”.
The prosecution pointed to the fact that Robert Murphy “secreted” items in advance of the stabbing and removed items such as bloody clothes and knives from the scene after.
Counsel said the prosecution believes that the admissions Mr Murphy made to gardaí are clear indications of his intent to kill.
Mr Greene said that all mentions of activities such as drug use and knives in the house are just red herrings in the case and that what matters is what Mr Murphy’s honest intention was.
The trial continues tomorrow before Ms Justice Melanie Greally and a jury of seven men and five women.
