A man who admits killing but denies murdering a relative when he opened fire on him with a submachine gun in his front garden was not suffering from a mental disorder and instead meets the criteria for cocaine intoxication, a prosecution barrister has told a trial.
The 12 jurors were also told by the State on Thursday that they would hear evidence about the accused and the victim being engaged “in drug related activity”.
Christopher Devine (44), with an address at Convent Lawns, Kylemore Road, Ballyfermot, in Dublin 10 has pleaded not guilty to murder but guilty to the manslaughter of Michael Tormey (49) at Thomond Road in Ballyfermot on January 9th, 2022.
Opening the prosecution’s case at the Central Criminal Court, Garret Baker SC, for the Director of Public Prosecutions (DPP), told the jury that Mr Tormey lost his life in the front garden of his home at Thomond Road in the early hours of Sunday morning, January 9th 2022.
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Mr Baker said the State’s case was that Mr Tormey was shot multiple times by Mr Devine and the victim was pronounced dead at the scene. He said the panel would hear evidence of five gunshot wounds and that Mr Devine used a machine gun. “The prosecution case is that the act was murder,” he added.
Mr Baker said the deceased’s wife, Amy, is a sister of Mr Devine’s wife, Jenifer Devine, so there was “a familiar connection” through marriage in the case.
The prosecution barrister went on to tell the panel they would hear that Mr Devine was consuming significant quantities of cocaine in the build up to this incident.
The barrister stated that there was a celebration in the Crumlin area on the afternoon of January 8th 2022, which was hosted by members of Mr Tormey’s family to mark an 18th birthday party. He said the party started in a pub and then continued at a house in Drimnagh.
There will be evidence, Mr Baker said, that Mr Tormey and his wife did not arrive home to Thomond Road until very late. He said the couple had got a taxi home shortly before 3.30am.
Counsel said the accused Mr Devine was not at “the gathering” and had rented a hotel room in Castleknock that weekend.
CCTV footage harvested from different locations, the court heard, will show Mr Devine leaving the hotel in a black Honda Accord shortly after 2.30am.
Mr Baker said the vehicle was traced on CCTV driving to Mr Tormey’s house at a time when Mr Tormey had not arrived back from the celebrations. He said the accused then drove back to his own home at Convent Lawns in Ballyfermot, which was not far away.
Counsel said the court will hear of what had occurred in the Devine household when the accused arrived back.
Counsel said the court will hear that Jenifer Devine was in a very distressed state, that she had self-harmed and there was an aborted attempt to seek medical attention for her.
The court will also hear evidence, the lawyer said, that the accused was seen with a gun before the shooting had occurred that night.
Another part of the prosecution case will be that before 4.50am that night the Honda Accord left the driveway of Mr Devine’s home and within minutes returned to the victim’s home.
“The prosecution contends the murder happened around this time,” said Mr Baker.
The trial continues before Ms Justice Melanie Greally and a jury of nine men and three women. It is expected to last two weeks.
