Marius Mamaliga murder trial jury sees footage of him collapsing as accused flees

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Marius Mamaliga Murder Trial Jury Sees Footage Of Him Collapsing As Accused Flees
Victim Marius Mamaliga (19) of Forest Court, Swords.
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Fiona Magennis

A murder trial jury has viewed footage of the moment a fatally injured man staggers from his car before collapsing against a wall as a person can be seen running from the scene.

The court heard that just seven seconds elapsed between the time when the accused man, Brandon Gavin, closed the door after getting into the deceased’s car and opening it again before fleeing the scene.

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Male voices can be heard shouting “call an ambulance” repeatedly as Mr Gavin is seen crossing the road and running away with two men in pursuit.

The jury also heard evidence that the deceased's blood was on a penknife found by gardaí in a park close to where the incident occurred, while the handle of the knife contained DNA matching that of the accused.

Brandon Gavin (22), of Brookdale Road, Rivervalley, Swords, has pleaded not guilty to the murder of 19-year-old Marius Mamaliga at Forest Court, Swords, on the evening of February 23rd, 2023.

In his opening address to the jury, Ronan Kennedy SC said it is the prosecution’s case that Mr Gavin went to meet with the deceased armed with a knife, that he got into the back seat of the car behind the deceased and suddenly, without warning, stabbed him in the neck with the intention of killing him or causing him serious injury.

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He said the accused told gardaí that he stabbed Mr Mamaliga in self-defence, as he was in fear for his life because he owed money for drugs.

On Tuesday, Sergeant Ciaran Thorpe brought the jury through a compilation of CCTV footage showing Brandon Gavin’s movements on the night of the fatal stabbing.

In the recordings, Mr Gavin is seen leaving his home carrying a shoulder bag and walking through the estate with a phone in his hand.

The footage shows him at various locations in the residential area before Mr Mamaliga’s black Audi pulls up in Forest Court at 7:03pm.

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Mr Gavin is seen walking behind the car towards the passenger side door, before getting into the vehicle only to emerge again a few seconds later.

He is then seen running and crossing the road away from the Black Audi.

After one CCTV clip with audio was viewed by the jury, prosecuting counsel Diarmuid Collins BL noted that what appeared to be the sound of a car door closing and opening again a short time later can be heard. Seconds later male voices shouting “call an ambulance” are also audible.

Mr Collins asked the sergeant what he could summarise about the time between when the door can be heard closing and opening again before Mr Gavin disappears.

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Sergeant Thorpe told the court there was approximately seven seconds between the door closing and opening again when Mr Gavin gets out.

The witness agreed with defence counsel Dean Kelly SC that in the footage, Mr Gavin can be seen at various times holding a mobile phone in his hand.

Mr Kelly said the accused was receiving texts telling him when Mr Mamaliga would arrive, and the final text caused Mr Gavin to “hotfoot” it back to the spot where the incident occurred.

Sgt Thorpe agreed it “had the look of something that was co-ordinated”.

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Garda Martin Cullinane gave evidence to Mr Kennedy of finding a folding penknife in River Valley Park on the morning of Sunday, February 25th. The knife was then displayed to the jury.

Garda Cullinane said the knife, which was in a closed position when he found it, had a black and gold handle and he observed blood on the top of the blade.

He said the search of the area was carried out after CCTV appeared to show Mr Gavin entering the park through the pedestrian access at Brookdale Way before emerging again at the top close to the road where his own home is located.

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He said the accused was only in the park for around half a minute and gardaí believed he may have disposed of evidence in this area.

Forensic Scientist Dr Yvonne O’Dowd told Mr Kennedy she examined the knife, which measured approximately 21.5cm when extended, and found blood staining on both sides of the blade but none on the handle. She said tests revealed the blood matched that of the deceased.

Dr O’Dowd said she took a DNA sample from the handle of the knife and it matched the DNA reference of Brandon Gavin.

The trial continues tomorrow before Ms Justice Eileen Creedon and a jury of seven men and five women.

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