MAN PLEADS NOT GUILTY TO KIVLEHAN MURDER
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.