A gunman who cycled up behind a father-of-one and shot him dead as he pushed a pram containing his four-month-old son is "undoubtedly guilty of murder," a judge has told a jury at the Central Criminal Court.
The issue for them to resolve, Mr Justice Tony Hunt told the seven men and four women, is whether the cyclist was the accused man Wayne Cooney.
Mr Cooney (31), with an address at Glenshane Drive in Tallaght, has pleaded not guilty to the murder of Jordan Davis (22) at a lane-way beside Our Lady of Immaculate National School in Darndale in Dublin on May 22th, 2019.
He has also pleaded not guilty to possessing a 9mm semi-automatic pistol and to possessing ammunition in circumstances that give rise to the reasonable inference that he did not have them for lawful purposes.
Alleged drug dealer debt
The prosecution has alleged that Mr Cooney circled Jordan Davis on a bicycle for three days "as sinister as a shark moving towards its prey" before firing eight bullets at him, hitting him three times and causing his death.
The prosecution alleged that Mr Davis owed €70,000 to a local drug dealer, the brother of Mr Cooney's then girlfriend. When Mr Davis's mobile phone was examined by gardaí they found a message from the drug dealer warning Mr Davis: "I'm on your case mate, it won't be long," and later telling him: "Soon, very soon, bang bang."
Mr Cooney denied to gardai that he was the person on the bicycle and his barrister, Giollaiosa O Lideadha SC, told the jury that the prosecution case contains "large holes" and does not amount to proof beyond reasonable doubt.
Counsel said there could have been a number of people who had a motive to murder Mr Davis and he pointed towards the number of murders and violent crimes related to drugs in the Coolock area in recent years.
Addressing the jury on Friday, Mr Justice Tony Hunt said the only issue the jury must resolve is whether Mr Cooney was the person on the bike who fired the shots that killed Mr Davis. He told them to concentrate on the matters at issue and not to "go down other rabbit holes". "You have to decide, have the prosecution marshalled enough evidence to prove beyond reasonable doubt that Wayne Cooney was the man on the bicycle?"
In relation to the firearms and ammunition charges, he said it is clear that the person on the bicycle did not possess the gun and ammo for a lawful purpose. Again, he told them the question they must answer is, has it been proved beyond reasonable doubt that it was Wayne Cooney?
Mr Justice Hunt will continue his charge to the jury on Monday.