Derry murder trial told: man attacked while phoning emergency services

Brothers Gary Anderson (25) and Sean Anderson (23), both of Grafton Street, and Michael Dunlop (21), of Fern Park in Derry, all deny murdering father of five Karol Kelly in Derry in the early hours of March 4, 2018.

Dunlop is further charged with attempting to cause grievous bodily harm with intent on Mr Kelly and doing an act with intent to pervert the course of justice on the same date by attempting to conceal knives.

A witness, Darren Dunne, told the trial on Tuesday that he had been drinking in a house at Grafton Street with the Andersons and others.

He said that, shortly after he arrived at the property, two males entered it in a manner he described as ‘forceful and shocking’.

The witness said he recognised one of the men but did not know Mr Kelly.

The jury heard that the two men who entered the house started ‘kicking and punching’ the Anderson brothers.

Mr Dunne said that the two men, then, ‘just left casually’ followed by the Anderson brothers who had gone to the kitchen before this.

He was asked did he see anything in the hands of the Andersons and he said he did not.

The witness said that, when he left the house, he saw Gary Anderson walking up the street.

He added that he, then, saw ‘one of the men from the house lying on the ground’ and Sean Anderson walking up the street.

Mr Dunne said he went over to help and also phoned an ambulance and police.

He said the man on the ground had ‘very shallow breathing and his eyes were open.’

The witness was asked how urgent did he think it was and he said, ‘extremely urgently’.

He added that, while he was on the phone, he was attacked by three people - one of whom had been in the house earlier - and was kicked and punched.

Under cross-examination by Eoghan Devlin, for Sean Anderson, the witness said that, before Karol Kelly had left the house, he remarked: ‘We have seen who is in here tonight - the first one to go to the police is getting it.’

Under cross-examination by Michael Duffy QC, for Dunlop, the witness watched footage of his bodycam interview with police shortly after the incident when he had gone to the police station.

The witness agreed he had told police that, following the incident, he had seen the Andersons leaving the house with what he assumed were knives in their hands, although he said he could not be certain of this.

Under questioning by Ivor McAteer QC, for Gary Anderson, the witness said it was ‘a prolonged, violent and frightening incident’.

Asked if he’d seen Gary Anderson searching for a tooth that had been knocked out, the witness said he had not but would not doubt that it could have happened.

The trial continues.