A murder accused who killed his daughter’s neighbour after he was pushed out of an apartment initially told a garda that he was “a peacemaker” and didn’t know who had stabbed the deceased, a prosecution barrister has told a murder trial.
Senior Counsel Patrick Gageby, for the Director of Public Prosecutions, told the jury in his opening address that the accused admits that he unlawfully killed Joseph Brosnan.
What the 12 jurors will be obliged to look at in this case, counsel said, is the accused’s intent at the time that he committed the act that caused Mr Brosnan’s death.
Patrick Murphy (52), of no fixed abode, has pleaded not guilty to murder, but guilty to the manslaughter of Mr Brosnan, at Abbey Court, Tralee, on May 22nd, 2022.
Opening the case for the prosecution on Tuesday afternoon, Mr Gageby said the events in question occurred in the late afternoon at about 6.30pm on the date in question in Tralee, Co Kerry.
The deceased man, Joseph Brosnan, lived in an apartment at Abbey Court in Tralee. He had previously worked in a direct provision centre on the outskirts of town and there he met and befriended a Polish national called Kamil Lisowski.
Mr Brosnan helped Mr Lisowski settle in and move from apartment to apartment, and they became good friends, counsel said. In the years prior to Mr Brosnan’s death, it was very common for these two men to meet, chat and have some drinks together.
Mr Brosnan hadn’t been working for about five years prior to 2022, Mr Gageby said, as he had some health difficulties – including high blood pressure – and was on disability benefit at the time.
On the date in question, Mr Lisowski finished work at about a quarter to eight in the morning and called on his friend Mr Brosnan.
Mr Gageby said drink was taken, and the pair sat and watched television together.
He told the jury that a man called Shane Fitzgerald resided in an apartment located across from Mr Brosnan’s.
Mr Fitzgerald lived there with a young woman called Danielle O’Sullivan, he said, adding Ms O’Sullivan is the daughter of the accused man, Patrick Murphy.
At around 3pm that afternoon, Mr Murphy called over to Mr Brosnan’s home with Shane Fitzgerald. Further drinking took place in the house which resulted in some insult passing between Mr Lisowski and Mr Murphy, counsel told the jury.
“It fizzled out but not before Mr Lisowski had slapped Mr Murphy in the face,” said Mr Gageby.
Things calmed down and people shook hands but the matter “welled up again” and Patrick Murphy was asked to leave. As he left, he was “somewhat cross or vexed”, counsel said.
The barrister said at around a quarter to seven that evening, Patrick Murphy returned and apologised. He said the jury will hear that Mr Murphy was “pushed out vigorously” of the apartment and fell to the ground outside.
A short time later Mr Brosnan opened the door to Mr Murphy again and told the accused to go.
Counsel said Mr Murphy “seemed to be armed with quite a large kitchen knife and used it to stab Mr Brosnan”.
The deceased was stabbed once in the hand, which was not serious, counsel said, and once in the back, which was not life-threatening.
Mr Gageby said a second stab wound to Mr Brosnan’s back was fatal because it penetrated the pericardial sac around the deceased’s heart, which caused massive bleeding and resulted in death occurring “fairly rapidly”.
Counsel said Mr Brosnan “was well aware that he was seriously injured and announced to Mr Lisowski: ‘I’m dying’”.
“Ambulance and gardaí were called but unfortunately he [Mr Brosnan] died in his apartment lying on his sofa,” said Mr Gageby.
Mr Gageby said the prosecution case will be that there was “a clear intention to kill or cause serious injury”.
“Mr Brosnan was entitled to refuse entry and if that involved pushing him [Mr Murphy] out, so be it,” he said.
Mr Gageby said the prosecution contends there was no reason for the accused to bring a knife to the apartment.
He told the jury they will hear from a number of gardaí, including Garda James Fairbrother who spoke to Mr Murphy at the scene.
He said a conversation between the two took place and the jury will hear evidence that the accused told the garda he was “a peacemaker, and he didn’t know who had stabbed the deceased”.
Counsel said Mr Murphy was arrested and, when interviewed, suggested that the deceased had possibly suffered a seizure before eventually admitting that he had brought a knife to the scene and that he had stabbed Mr Brosnan.
Mr Gageby said the entire context of the case boils down to whether the prosecution can convince the jury that the accused did intend to kill or cause serious injury when he stabbed Mr Brosnan.
The trial continues on Wednesday before Mr Justice Paul Burns and a jury of eight men and four women.
