The jury in the trial of a brother and sister accused of murdering a 63-year-old man has heard that the deceased was found “hunched in a foetal position” at his home in the hours following his death.
Kenneth Cummins (28) and Sabrina Cummins (37), with an address at Ringsend Park, Dublin 4, have both pleaded not guilty to murdering Thomas Horan (63) at Cambridge Court, Ringsend on January 6th last year.
Taking to the stand, Garda Darren Coughlan, who had been operating a patrol car with a colleague on January 6th, told Remy Farrell SC prosecuting that he responded to a call at 5am.
“A woman rang to say she found her friend dead,” he said.
Upon arrival, Garda Coughlan said he was approached by Sabrina Cummins.
“Sabrina Cummins, dressed in black clothing, approached us and identified herself as the caller,” he said.
“She was in a very agitated state and she kept repeating to me: ‘Is hre dead is he dead’.”
He added: "I spoke about Tom Horans health and she stated he was quite healthy and that he was a tee total and he didn't smoke or drink."
Taking to the stand, Micheál Carroll of Dublin Fire Brigade told Mr Farrell that when he arrived at the home of the deceased, he found Mr Horan in a foetal position.
“Visibility was very poor and without a torch, I couldn’t see where casualty was,” he said.
“He (Mr Horan) was between the bed and a cluttered cabinet to my left as I entered the room. He was hunched up in a foetal position — there was a jacket on the top of him,” he said.
“I had to remove it to examine him — it was unusual — it seemed like it was placed there rather than had fallen there,” he said.
“I checked for pulse and checked to see if he was breathing — both were absent.
He had a deathly pallor and there was a bluey grey colour to him — it would mean he would have been deprived of oxygen for some time at some stage,” he said.
“It was beyond any help we could provide,” he concluded.
Taking to the stand, Sergeant Peter Holmes told Mr Farrell that he was met by Sabrina Cummins when he arrived at 5.14am.
“She (Sabrina Cummins) introduced herself as Sabrina,” he said.
“She wanted to know what happened to Tom — said she wanted to go in and see him — she was quite insistent,” he said.
“I asked her what her relationship was to him. She said he was a good friend and that he fostered her years ago,” he continued.
When asked when she had last seen him, the court heard that the accused said 7.30pm the previous evening.
“She said herself and her brother Kenny had called to get dvds that she had lent to him (Tom Horan) at 4.30am — she said she looked in the window and seen him,” he said.
Sergeant Holmes said that when he entered the house, the scene was “messy”.
“Inside the door to the left was the body of a male. The house was quite a mess. There was a lot of items on the floor — there was a smell of white spirits — it was a messy scene,” he said.
Sergeant Holmes confirmed that Professor Anthony Hooper arrived on the scene at 5.50am.
“I explained (to Dr Hooper) what we had found and the way the matter had been reported. I wasn’t happy with the way the matter had been reported — it could possibly be a suspicious death,” he said.
“(Dr Hooper) pronounced him dead at 6.20am. He said it would be best to have the body removed and to preserve the scene,” he concluded.
The trial continues this afternoon before Mr Justice Tony Hunt and a jury of seven women and five men.