Murder accused was best man for friend he shot with machine gun, trial hears

by Alison O'Riordan

A father-of-six told gardaí that he stood as best man for the friend he now accepts opening fire on with a submachine gun in his front garden, a trial has heard.

Christopher Devine (44), with an address at Convent Lawns, Kylemore Road, Ballyfermot in Dublin 10, has pleaded not guilty to murder but guilty to the manslaughter of Michael Tormey (49) at Thomond Road in Ballyfermot in the early hours of January 9th, 2022.

Mr Tormey was struck by five bullets which went through his body, causing bleeding, rib fractures, and partial lung collapse.

The jury has heard that a consultant psychiatrist to be called by the defence will give evidence that the accused was suffering from substance-induced psychotic disorder at the time.

However, it is the State's case that the accused man was not suffering from a mental disorder and instead meets the criteria for cocaine intoxication.

Detective Garda Janette O'Neill, attached to the ballistics and forensic section of the Garda Technical Bureau, on Tuesdaytold Garret Baker SC, for the Director of Public Prosecutions, that she examined a black Honda Accord which was used by the accused on the night.

The witness said she found a discharged cartridge case under the front driver's seat and another under a child's booster seat in the rear of the vehicle.

Det Gda O'Neill said at least six gunshots had been discharged at the scene with five going through and through the deceased's body.

Detective Sergeant Mark Collander told Mr Baker that he was able to establish from discharged 9mm bullets and partial bullet jacket fragments taken from the scene that a Heckler & Koch submachine gun had been used.

The witness said the Heckler & Koch MP5 is not a commonly encountered firearm in Ireland, that three have been recovered in the past 20 years and he had never seen one recovered at a crime scene.

He said any submachine gun can fire a single shot or in full automatic mode but the Heckler & Koch MP5 has a select fire option, where three rounds can also be discharged.

Sergeant Michael Noone told the prosecution that Mr Devine was arrested on suspicion of the murder of Mr Tormey on January 13, 2022 and brought to Ballyfermot Garda Station.

In an interview with gardaí on January 9th, Mr Devine said he hadn't murdered Mick Tormey, "that's 100 percent" and that his own life was in danger too. "I don't know who's working with who here, I'm now arrested and Mick is dead".

The accused went on to say he didn't murder "the chap, that's all I know".

Asked by officers about an "elaborate plot going on", Mr Devine said he didn't know who was involved with who anymore and felt like someone was watching him. "All I'm worried about is my own family, they out to get me, what am I meant to say". He went on to say his life was in danger.

He told gardaí he didn't know a lot about his friend's murder and that he and Mr Tormey had been "shifting a bit of stuff for lads".

"You and Mick were working together, what you mean stuff?" asked gardaí. "Coke or whatever....somebody asked me to go somewhere and I never went," replied the accused.

Mr Devine said he had received a phone call from someone asking had he dropped off "the stuff" and he told them to f**k off. He said he didn't feel safe anywhere.

Mr Devine said people he used to work for were "being strange" and that there was a serious threat "going on". He said he was asked to go somewhere on January 8th and knew his life was in danger.

He said Mick was his "mate" and that he was best man at Mr Tormey's wedding but it was "all fu**ed now".

The accused said himself and Mr Tormey had both "kind of got out" of the "drugs business". He recalled taking up to four grams of cocaine in his house or in his car on January 9th.

Mr Devine said he had driven from his house to Mr Tormey's house on Thomond Road that night and was "freaking" when he saw a person out of the corner of his eye, but drove off.

He said people were ringing him, claiming that he and Mr Tormey were "fu**ed" and the accused said he was "up the walls".

The accused told gardaí he was devastated for the deceased's family and that "those people need to be sorted out". "I didn't kill that man, if you think I killed him, charge me".

When gardaí put it to the accused that he had worked himself into a frenzy that night and smashed up a hotel room in Castleknock before going down to shoot one of his best friends, the accused replied: "You're wrong".

The trial continues on Wednesday before Ms Justice Melanie Greally and a jury of nine men and three women.