Manslaughter accused 'directed' knife at victim, court hears
A jury at the Central Criminal Court has heard today that a young Drogheda man accused of murder “directed” a knife at the father of the child he was babysitting after a row had broken out.
Keith Cunningham (aged 19), of Halpin’s Terrace, Drogheda, Co Louth, has pleaded not guilty to murder but guilty of the manslaughter of Martin Desmond Kimmins (aged 41) – also known as Des - at Rathmullen Park, Drogheda, Co Louth on December 30th, 2007.
It is the prosecution’s case that Mr Cunningham attacked Des after a row outside the house of Des’ ex-partner, Anne Gildea.
The court has heard that Anne Gildea and Des had been separated for two years at the time of the alleged murder.
The court has also heard that they had two daughters together - who were living with Ms Gildea – and that, on the night in question, Ms Gildea had made arrangements for the care of the two girls.
Des was at his brother Jim’s 40th birthday party on the same night.
Jason Johnson told Mary Ellen Ring SC, prosecuting, that he lived in Rathmullen Park at the time of the alleged murder.
He had been out that night and had returned home when he heard people outside his house.
Des Kimmins’ sister Sharon, his brother Jim, Jim’s son George, and George’s son Wayne Farrell were standing across the road from Mr Johnson’s house.
Mr Johnson said that he joined them outside.
He told the court that there was “a bit of an argument going on amongst women” outside Ms Gildea’s house, also in Rathmullen Park.
Mr Johnson said that the arguing was between Ms Gildea, Des Kimmins’ mother Bridie, Sinead Smith, and Nicola Kavanagh.
He said that Sharon went down to Ms Gildea’s house to “see if everything was OK.”
Jim went down to the house “to comfort his mother,” he said. Mr Johnson followed with George Kimmins and Wayne Farrell.
He said that they stood outside Ms Gildea’s house and that the accused, Keith Cunningham, came out of the house, onto the porch.
Mr Johnson turned around and Des Kimmins was there.
“I didn’t even see him come into the estate,” he said.
Mr Johnson said that Mr Cunningham “came out with what appeared to be a steak knife”.
“Des was sitting on the wall with his back turned to the house. His mother was comforting him.”
He said that Mr Cunningham “directed” the knife at Des.
“Des went about three steps into the garden. Cunnie [Mr Cunningham] came running out the door. Jim Kimmins was in the garden. He grabbed Cunnie in a headlock and grabbed his right arm.”
Mr Johnson said that he saw “multiple attack”.
In cross examination, Mr Johnson told Derek Kenneally SC, defending, that Jim Kimmins did not tell him that he went over to Ms Gildea’s house to tell the women to move away because Des was coming.
He said that Des was not outside his house that night and that he, George Kimmins and Wayne Farrell did not make any efforts to stop Des from going to Ms Gildea’s house.
He did not agree with Mr Kenneally that Des was “very agitated”.
Earlier, John Allen told Ms Ring that he was out on the night of the alleged murder and was in a taxi with others on the way toward Rathmullen Park.
As the taxi drove into the entrance of Ballsgrove, he saw a woman lying on the road.
“The taxi driver swerved to avoid hitting her.”
Mr Allen said that he asked the taxi driver to stop so that he could check on the woman.
“She wasn’t conscious.”
Mr Allen stayed with her and she regained consciousness. The gardaí arrived.
Mr Allen said that he found out that the woman’s name was Anne Gildea.
The court heard that Ms Gildea gave Mr Allen a phone number. He called it and spoke to a woman.
The court has previously heard that Sharon Kimmins answered Des’ phone and that, after being told that Ms Gildea was “lying on the road”, she went to Rathmullen Park to see how Des’ and Ms Gildea’s two daughters were.
Mr Allen said that he believed Ms Gildea was drunk and that she indicated to him that she had fallen on the road.
The trial resumes on Monday afternoon.
