A Kilkenny man who is accused of stabbing his brother-in-law to death in broad daylight in front of his wife shouted "he had it coming for 20 years" in the presence of gardaí attending the scene, a murder trial has been told.
Andrew ‘Andy’ Cash of Highrath, Clara, Co Kilkenny, is accused of the murder of John Cash (40) at Hebron Road, Kilkenny City, on May 3rd, 2022.
Mr Cash (30), a father of three, is also accused of assault causing harm to his sister, Elizabeth Cash, who is John Cash’s wife, and of the production of a knife during the course of a dispute or fight at the same date and location.
Mr Cash has pleaded not guilty to all three charges.
In his opening speech on Friday at the Central Criminal Court, Michael Delaney SC, prosecuting, said the jury will hear witness evidence of the allegation that on May 3rd, 2022, at around 12.30pm, Andrew Cash stabbed his brother-in-law, causing John Cash fatal injuries on the outskirts of Kilkenny City.
Mr Delaney said John Cash was 40 years old and in “good health” at the time of his death and had lived on High Street, Ballyragget, Co Kilkenny, with his wife and children.
He said there was a "certain history between the accused and his brother-in-law and the accused appears to have been of the view that John Cash had an extra marital affair or affairs".
"Whether that was the case is neither here nor there - this goes to Andrew Cash’s state of mind and to the question of motive," Mr Delaney told the jury.
In outlining the prosecution's case surrounding the events of May 3rd, 2022, Mr Delaney said John and Elizabeth went to High Street in Kilkenny City at midday to collect social welfare and their plan was to walk to Aldi on the outskirts of the city and then be picked up by taxi.
Mr Delaney said the Cashs stopped at John’s Green and went into Centra before coming back out and then went through the Gashouse Bridge laneway, near Aldi. "It appears, at this point, the accused left the pub and pulled up into the car park and was observed by a number of witnesses shouting in the direction of John Cash and making obscene gestures," said Mr Delaney.
The Cashs walked under the bridge and the accused was observed walking up the lane as if he was following John Cash, said counsel.
The evidence will show that Andrew Cash was observed holding something in his hand behind his back "as if he was concealing it", said Mr Delaney.
Mr Delaney said Andrew Cash was heard shouting “do you want another woman?” before running back to the car and driving out the same road that the Cashs were taking to go to Aldi.
"This would not be the most direct route for Andy to go back to his home in Clara. He went out the Hebron Road and passed the Cashs and parked at a roundabout," said Mr Delaney.
'Physical altercation'
A "physical altercation" then took place between the two men and it is the prosecution's case that Andrew Cash was the aggressor and began to swing at his brother-in-law.
It is the prosecution's case that John Cash had a bottle of water and took the cap off, throwing water at Andrew Cash to fend him off, while Elizabeth Cash used a jacket and tried to get between the accused and the deceased but received a wound from the accused.
Mr Delaney said the jury will hear that John Cash fell to the ground several times but got back up in an attempt to move away from Andrew Cash and made it as far as the nearby O'Loughlin Gaels' GAA grounds, where construction workers were present.
Mr Delaney said it is alleged that the accused then ran across the road and struck John Cash several times, causing him to collapse.
He said that gardaí later searched the area and recovered a small steak knife from behind a dump-truck.
Shouting abuse
Elizabeth Cash hailed down a garda vehicle which was on patrol and gardaí attended to John Cash while Andrew Cash was still on the scene shouting “you have been riding other women” and that John Cash “had it coming for 20 years”, said counsel.
Mr Delaney said gardaí then arrested Andrew Cash under suspicion of assault causing harm, but the accused continued to shout abuse at John Cash.
Counsel said that John Cash went into cardiac arrest and that postmortem evidence will show that the deceased man had sustained two stab wounds, with the cause of death recorded as an 8cm deep stab wound to the left of his chest, penetrating the heart.
The court heard that Andrew Cash was deemed unfit for interview by a doctor for six hours after his arrest as he was intoxicated. He was then interviewed on May 4th, 2022 – five times in all – by gardaí before being charged with the murder of John Cash, said counsel.
The trial continues before Ms Justice Eileen Creedon and a jury of seven men and five women and is expected to last for two weeks.
