Monday 11 December 2017

Man found guilty of fatal stabbing in row over €50

Wayne Kennedy was found guilty of the manslaughter of David Spain
Wayne Kennedy was found guilty of the manslaughter of David Spain

A Dublin man has been found not guilty of murder but guilty of the manslaughter of a man in Shankill in 2013.

Wayne Kennedy (34), with an address at Rathsallagh Park in Shankill, Co Dublin, was charged with murdering David Spain on December 26, 2013 at the same address, as well as intentionally or recklessly causing serious harm to Sean Turner on the same date.

Last week at the Central Criminal Court, Kennedy pleaded not guilty to both counts.

The jury returned a majority verdict of not guilty of murder but guilty of manslaughter. Kennedy was yesterday also found not guilty of the second count to intentionally or recklessly cause serious harm to Sean Turner.

It was the State's case that at 4.45am on St Stephen's Day, 2013, Kennedy sent a text message to Sean Turner, which said: "Enough is enough - you owe me 50 quid for months now. I don't want to fall out with you but you're taking the piss now".

Counsel for the prosecution, Paddy McCarthy, told the jury that Mr Turner, who is a professional boxer, met Wayne Kennedy in a green area at the front of Rathsallagh Park for a "straightener or a fight".

The jury heard that Mr Turner came out of his friend David Spain's house, where he had been at a party, to meet Mr Kennedy who had brought a knife with him.


Mr McCarthy said that Mr Spain wasn't as well -known to Kennedy and that the deceased was back from Australia for Christmas.

The court heard Mr Turner received two knife wounds, which were "potentially fatal".

The jury heard that Mr Turner ran back in the direction of the deceased's house shouting that he had been stabbed.

It was the State's case that Mr Spain ran after Kennedy and a fight ensued. Mr McCarthy said that the deceased threw a number of punches at Kennedy who had a knife and stabbed the deceased six times.

The jury heard that Mr Spain was taken to St Vincent's Hospital where he was pronounced dead on arrival. Counsel for the defence, Remy Farrell, reminded the jury that Mr Turner was the first person to mention a fight by text message.

Mr Farrell asked the jury to consider self-defence when watching CCTV footage, pointing out that Kennedy could be seen moving backwards from start to finish. He suggested they ask who the aggressor was: Wayne Kennedy or David Spain.

Mr Justice Patrick McCarthy remanded Wayne Kennedy in custody to be sentenced on November 23 of this year.

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