Retrial jury finds Dublin man guilty of manslaughter
A MAN has been found guilty of the manslaughter of his friend and of seriously injuring another man after stabbing both of them.
Martin Toland (36), Walkinstown Park, pleaded not guilty to murdering Alan Nolan (28) at Cedar Brook Walk, Ballyfermot, Dublin, on September 8th, 2007.
He also pleaded not guilty to intentionally or recklessly causing serious harm to James Carroll (now 32) on the same occasion.
Toland claimed he was acting in self-defence when he stabbed both men a number of times after a fight broke out at Mr Nolan's home.
He said he was in fear for his life because, missing part of a lung and being on a blood thinner, he knew he could die from one bang to the head.
He said Mr Nolan produced a knife and this fear increased.
The Central Criminal Court trial heard that all three men spent the night of September 7th playing video games and cards and drinking alcohol in Mr Nolan's apartment.
Mr Nolan received more than a dozen prank phone calls from an unknown number after 5am. Toland said Mr Nolan had wondered if the calls might be from the same person who had been playing pranks on his sister.
Toland told gardaí that Mr Nolan asked him if Toland's sister might be behind them because both sisters had fallen out. Toland said he didn't think so and that he suggested not letting their sisters' falling out come between them.
He said he and Mr Nolan had a punch-up at one stage but that Mr Carroll had broken it up. He said that he (Toland) and Mr Nolan went upstairs, where they talked things out for about 10 minutes.
He said, however, that Mr Nolan became aggressive again, blaming Toland's sister for the calls. He claimed Mr Nolan then produced a knife and came at him.
Toland said he managed to get the knife from him and was backing out of the bedroom with the knife as Mr Carroll arrived.
He claimed Mr Carroll joined Mr Nolan in threatening him. He said he was "jabbing" at the two of them as they came at him, shouting at them to get back and let him leave the house.
He recalled wounding Mr Nolan once while on the landing, but said he could not remember inflicting any other wounds. He said they must have happened as the three men tumbled down the stairs.
Toland said he reached the front door when he noticed Mr Nolan slouched on the couch and Mr Carroll holding his side. He said he immediately rang an ambulance.
However, the jury heard a different account from Mr Carroll, whose life was saved by emergency surgery.
He said when he first saw the defendant with the knife, Mr Nolan was asking him to get Toland out of the house. He said he ushered Toland down stairs. They were facing each other, Toland ahead of him, making "a kind of waving motion" with the knife.
Toland was halfway out the front door when Mr Nolan shouted something from the stairs, which sent Toland into a fit of rage. He said Toland stabbed him three times in a matter of milliseconds in an effort to get to Mr Nolan.
Mr Carroll agreed he had actually made the hang-up calls to Mr Nolan that morning, but insisted these had not led to the fight.
Mr Justice Barry White had told the jury that although the defence had not argued for it, Toland was also entitled to have the defence of provocation considered.
He said that if the jury was satisfied that he had been provoked to such an extent where he lost complete control, he should be found guilty of manslaughter.
Toland was originally tried in 2010, found guilty of both counts and sentenced to life in prison. However, the Court of Criminal Appeal ordered a retrial.
The seven women and five men of this jury delivered a manslaughter verdict yesterday.
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