Brian Fitzgerald Murder Trial: Day 6
Before we get started, just to answer a question about what “Legal argument” is, which was asked in the comments on Thursday.
As I said, Friday (Day 5) was taken up with legal argument.
This is where representatives from both sides in the case discuss with the judge points of law, or evidence which has come to their attention recently with the judge.
It is in legal arguement where it is decided what can and cannot be presented to the jury. The defence may disagree with the prosecution presenting certain pieces of evidence and they will do what they can to take apart the prosecution’s case by restricting them as much as they can as to what they can present to the jury.
James Martin Cahil, the only man so far to be convicted in relation to the Fitzgerald murder, is giving evidence to the court today.
During his opening statement, councel for the prosecution, Dennis Vaughan Buckley told the jury that Cahill would say that he was contacted by Anthony Kelly (50) from Kilrush County Clare, and that he went to Dublin where a Mr. A hired him to carry out the murder of Brian Fitzgerald. He would earn €10,000 for the killing, it will be alleged.
From Live95fm.ie
It is alleged Anthony Kelly provided him with the gun, that Dessie Dundon pointed out the victim, John Dundon showed him where to wait for the bouncer and Gary Campion drove the motor bike used on the night.
In his evidence today, James Martin Cahill told the Central Criminal Court how he had waited in bushes for Brian Fitzgerald to return home from work.
He described how he ran across the road to Mr. Fitzgerald as he got out of his car and started shooting him.
Mr. Fitzgerald fell, but managed to get up again and made it to his front door, the court was told.
He told the court that he continued shooting until M. Fitzgerald fell again. It was at this point he walked up to him and shot him in the head, the court heard.
On completion of Cahill’s evidence, Justice Peter Charlton adjourned the case until tomorrow to allow transcripts of Cahill’s evidence to be given to both the defence and the prosecution.