MAN PLEADS NOT GUILTY TO KIVLEHAN MUR­DER

The Sligo Champion - - FRONT PAGE -

A 30-year-old man has pleaded not guilty to the mur­der of a 59 year-old mu­si­cian who was stabbed to death in his home.

Martin (Mat­tie) Kivlehan (above) died from two stab wounds to the neck, the mur­der trial at the Cen­tral Crim­i­nal Court in Dublin of Keith Brady was told on Mon­day.

Brady (pic­tured) of Cartron Es­tate has pleaded not guilty to mur­der but guilty to the man­slaugh­ter of Mr Kivlehan at New Apart­ments, Hol­born Street on Au­gust 2/3 2015. The plea was not ac­cepted by the prose­cu­tion.

Paul Mur­ray SC (pros­e­cut­ing) told the jury that the de­ceased was a bach­e­lor and peo­ple would of­ten visit his house for a drink. On the Sun­day night of Au­gust 2nd and the fol­low­ing Bank Hol­i­day Mon­day, Keith Brady and his sis­ter Jan­ice Brady were in Mr Kivlehan’s house and while they were there Mr Kivlehan died.

His body was found the next day and a pathol­o­gist’s re­port showed that he had two stab wounds on ei­ther side of his neck.

The pathol­o­gist’s re­port, Mr Mur­ray said, would show that one of the wounds went to a depth of 7.8cm while the other was 9cm deep. Death was not im­me­di­ate but would have been rapid, brought on by blood haem­or­rhage.

Coun­sel added that a tox­i­col­ogy re­port would show that the de­ceased had high lev­els of al­co­hol in his sys­tem. Mr Mur­ray told the jury they must de­cide whether Mr Kivlehan’s death amounted to mur­der or man­slaugh­ter.

He ex­plained that in or­der for them to bring a ver­dict of mur­der the prose­cu­tion must prove be­yond rea­son­able doubt that the ac­cused in­tended to kill or cause se­ri­ous in­jury to Mr Kivlehan.

Un­der Ir­ish law, he ex­plained, an ac­cused per­son is pre­sumed to in­tend the nat­u­ral and prob­a­ble con­se­quences of their ac­tions. He then asked: “What are the nat­u­ral and prob­a­ble con­se­quences of stab­bing a per­son, not once, but twice, on ei­ther side of the neck?”

De­tec­tive Garda Eoin Con­way told Mr Mur­ray he took pho­tos of the house where Mr Kivlehan’s body was found. He said the apart­ment was in a “gen­eral state of un­tidi­ness”. He iden­ti­fied an arm­chair which had blood stain­ing and was sur­rounded by “rub­bish” and beer cans.

A du­vet vis­i­ble in one of the pho­tos had been cov­er­ing Mr Kivlehan’s body. The trial is ex­pected to last at least a week and is be­fore Jus­tice Paul McDermott and a jury of five men and seven women. Ear­lier, Jan­ice Brady (be­low right) pleaded guilty to im­ped­ing the ar­rest or prose­cu­tion of a per­son be­lieved to have com­mit­ted mur­der and the mat­ter was ad­journed for sen­tenc­ing.

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