Man on trial for murder

Man on trial for murder

27 November 2013

A SEAFORDE man was left “unrecognisable” after a series of fatal punches to his head, a court has heard.

Details of David Mills’ last moments were outlined to Downpatrick Crown Court yesterday as the man accused of his murder went on trial.

John Stanley Foster (31), of Newcastle’s Corrigs Road, and a cousin of the deceased, denies the charge.

As the prosecution case opened, CCTV footage of an altercation between the two men on Dromore Street in Ballynahinch was played to the court. The footage concludes with Mr. Mills on the ground receiving several blows in quick succession from Foster.

On the night of September 29 last year Mr. Mills had been out celebrating with members of the Drumaness Cricket team he played for after the club avoided relegation at the end of the season.

Prosecuting lawyer Frank O’Donoghue QC explained that Mr. Mills had been drinking in a bar known by various names — Murnan’s, Paddy Kelly’s and The Athletic Bar — when he asked his friend Alison Walsh for a lift home.

Asking to stop for a Chinese takeaway on Dromore Street a short distance away, he said Mr. Mills came across Foster who had been drinking in the nearby Cloisters bar.

Mr. O’Donoghue said the prosecution case was that the incident started when Foster shouted obscenities at Mr. Mills.

“The defendant threw a punch and very quickly overwhelmed Mr. Mills,” Mr. O’Donoghue said, explaining that the assault initially began with pushing. When the 47 year-old was on the ground he said Foster “repeatedly punched Mr. Mills about the head”.

“He did so on approximately 12 to 13 occasions,” the lawyer said. “He literally punched the life out of Mr. Mills as he lay prone and defenceless.”

Mr. O’Donoghue said an autopsy found “multiple injuries to the head” had obstructed his airways, and Mr. Mills died in hospital the next day.

The lawyer added that it was not necessary for there to be an intention to kill to secure a murder conviction, arguing that Mr. Foster was intent on causing grievous bodily injury.

“He did so and Mr. Mills died as a result of the injuries to his person,” said Mr. O’Donoghue.

Giving her evidence, Alison Walsh said her friend David Mills had been in “good humour” when he asked to stop for a takeaway on the way home and insisted on buying her one.

She said when they stopped the car near the Chinese on Dromore Street, Foster began shouting obscenities at Mr Mills from an alcove by the Xtravision store.

“I just kept saying to David ‘get back in the car, get back in the car,” she said.

“Davy stood with his arms wide open as if to say what’s going on. He (Foster) ran across the road stating he was going to get his brother and that is when I really panicked. He seemed to be very aggressive.

“Davy said ‘Right, you and me then.’”

Mrs. Walsh said she then drove off from the scene to fetch her husband, missing the main part of the incident, and alerting police on her way.

When she returned she said her friend’s swollen face was in a “very bad” condition.

“Blood was coming out of his mouth, he was unrecognisable,” she said.

Cross-examining the witness, defence lawyer James Gallagher QC said the CCTV footage showed Mr. Mills walking across the street after Foster had turned away from him during the altercation.

“It was clear David Mills was challenging Mr Foster to a fight,” he said.

The lawyer suggested to Mrs. Walsh she was trying to “tone down Davy’s responsibility for what happened” and was being “economical with the truth”.

He pointed out that some of the exchanges between Mr. Mills and Foster were not recorded in her initial statement to police and only disclosed when shown CCTV afterwards. He said she had suggested to police that Mr. Mills was only crossing the road to get a takeaway when he was in fact following Foster. He also noted she told a police constable at the scene she was giving Mr. Mills a lift home because he was drunk.

Mrs. Walsh said she was in shock and exhausted when first taking to police and more concerned about her friend’s welfare.

Mr. Gallagher went on to suggest that it had been David Mills who first shouted obscenities on the night.

Also giving evidence was Alan Mills, a brother of the deceased, who had been with him earlier on the day he died. He said his brother, a keen sportsman, was in “very good form” that day.

Mr. Gallagher asked Mr. Mills to confirm that when his brother had stopped drinking alcohol for a period in his life, his family considered there to have been an improvement in his character.

Mr. Mills acknowledged his brother had a “short fuse”.

Mr. David Mills, a painter and decorator and father of two, was a former Irish League footballer with Portadown. He also managed and played for Drumaness Football Club.

At hearing.