A jury was yesterday sent away until next week while legal argument takes place in the trial of a man accused of murdering another Clonmel man because he came upon him while he was attending to a drugs stash in an alleyway.
Mr Paul Fitzgerald (29), of Garrymore, Clonmel, Co Tipperary has denied murdering Mr Francis ("Frankie") Daniels (41) of Oliver Plunkett Terrace in the town on October 26th, 1997.
In evidence yesterday Ms June Looby said she saw Mr Fitzgerald with three other men outside his house at "about a quarter past one" on that Sunday morning. Ms Kim Crotty of Garrymore, Clonmel said she saw two other youths "just before the cul-de-sac" on the terrace at 2:55 a.m.
Mr John Byrnes said he saw the accused in the area on the night. Cross-examined, Mr Byrnes agreed with Mr George Berming
ham, defending, that he had been drinking from midday until the early morning, when he went home.
He could not remember meeting Mr Frankie Daniels. When it was put to him that another man had made a statement to gardai saying he had been shouting at Mr Daniels, Mr John Byrnes said: "I don't remember that". Mr Gay Byrnes of Garrymore, Clonmel, told the court he met only Ms Kim Crotty and her boyfriend on Oliver Plunkett Terrace that night. He said he met Mr Daniels earlier on his way "down to the chipper" but Mr Daniels wasn't there when he came back. Mr Michael Durack SC, prosecuting, said Mr Johnny Byrnes said he had met him and others on the way back. Mr Gay Byrnes denied this and he denied he had told gardai in the statement that he met Mr Fitzgerald and another named man in the area in the early hours of Sunday.
The prosecution has claimed that Mr Daniels had been walking around the area that night, apparently because he had been locked out of his home.
The State Pathologist, Dr John Harbison, has given evidence that the cause of Mr Daniel's death was multiple injuries to the head, inflicted with "severe force" by a blunt instrument.