THE trial of two Limerick men who are accused of murdering businessman Roy Collins five years ago this week began hearing legal submissions to establish the admissibility of potential evidence.
Wayne Dundon, aged 36, of Lenihan Avenue, Prospect and Nathan Killeen, aged 24, of Hyde Road, Prospect have both pleaded not guilty to murdering Mr Collins, 35, at the Coin Castle amusements arcade, Roxboro on April 9, 2009.
It is the Prosecution case that Dundon ordered the hit via mobile phone from prison and that Killeen drove the getaway car, which was found on fire in Rosbrien shortly after the shooting. The gunman – James Dillon – is currently serving a life sentence.
It is further alleged that Roy Collins’ father, Steve Collins, was the intended target of the killers.
The Special Criminal Court has heard that Roy Collins died after he was shot while working at around midday on April 9, 2009.
He was conscious for a short time afterwards but the court has heard from his father, Steve, that he was unable to identify his killer.
A former associate of Dundon’s Gareth Keogh-Keogh Collins gave evidence that he had been offered €20,000 and drugs to drive the getaway car but repeatedly refused.
Another witness - convicted murderer Anthony ‘Noddy’ McCarthy - said he heard Dundon, “shouting, roaring and screaming” from his cell on the morning of the shooting.
In the witness box, McCarthy claimed he heard Dundon speaking to someone on the phone on the morning of the shooting and say: ‘You better do this. You never did nothing for the family before. If you don’t do this, you and your mother will be sorry’.
He said Dundon was “hyper” that morning, and he asked him “what’s the story?”
“He told me he ordered James Dillon to go and kill Roy Collins.
The non-jury court has also heard that one of the accused men, Nathan Killeen, was arrested less than hour after the shooting.
Detective Garda David Baynham said at around 12:20pm he was travelling from Hyde Avenue toward Hyde Road when he observed two males walking from the direction of Garryglass Avenue.
Both youths, he said, were dressed in dark clothing and had their hoods pulled up tight.
Det Garda Baynham said as he and a colleague approached one of the youths, he immediately recognised one of them as Nathan Killeen when he turned to his left towards the garda patrol car.
He said he wanted to speak to the youths as he suspected they had been involved in the earlier shooting, but they ran from the car.
The witness said David Baynham ran across the road on to Hyde Avenue while the other youth also crossed the road and ran toward Crecora Avenue.
He told the court that the Nathan Killeen used a junction box to jump over a wall where he disappeared from his view. He was arrested a short time later.
Legal argument started this Tuesday regarding the admissibility of evidence arising out of any searches and entries to properties on foot of certain warrants secured by gardai, the lawfulness of the arrest and detention of Mr Killeen and all material arising from that detention.
The trial is continuing.