The judge in a Central Criminal Court case of a Dublin man accused of murder has withdrawn the murder charge from the jury and has directed that the case proceed with a manslaughter charge.
Mr Justice Paul Butler made his direction in the trial of Isaac "Ike" Horgan (37), of Fatima Mansions, Dublin, who has pleaded not guilty to the murder of Dougie McManus (36), also of Fatima Mansions, on June 17th, 2002, at Fatima Mansions. He has also pleaded not guilty to assaulting Mark Holmes, originally from Ranelagh, Dublin, on the same date.
It is alleged that after the deceased and two other men, including Mr Holmes, were drinking in the Rialto House pub, they went to Mr Horgan's flat at Fatima Mansions. An altercation occurred during which Mr McManus was fatally stabbed.
The statement of Valerie Foley was read by prosecuting senior counsel Paddy McCarthy. She told gardaí that on the afternoon of the fatal murder, she met Mr McManus outside the Amber Grill chip shop in Rialto. She knew Mr McManus's windows had been smashed in his flat. "That c... is going to be getting it tonight," Mr McManus allegedly told Ms Foley.
"He said he didn't want him to get away with it again," she added. She knew Mr McManus's windows had been smashed before.
A forensic scientist attached to the Department of Justice, Dr Geraldine O'Donnell, said she received two pieces of blood-stained fabric taken from Mr Horgan's jeans on the evening of the fatal stabbing. The DNA of Mr McManus was found on the jeans of Mr Horgan.