There is "overwhelming evidence" that Gerard Cervi fired nine bullets into a crowded gym, killing one man and injuring two others including well-known boxing coach Pete Taylor, a barrister has told the Central Criminal Court.
Paul Murray SC spent more than four hours today on his closing speech to the jury of six men and six women who have been hearing evidence in Mr Cervi's murder trial for seven weeks.
Mr Murray told the jury that CCTV evidence which the prosecution says shows Mr Cervi travelling from his home to the boxing club on the morning of the shooting is sufficient to convict Mr Cervi.
He said that when that evidence is added to DNA, fingerprint and other evidence in the case, "you are led inexorably, inevitably to the conclusion that it was Mr Cervi who committed the shooting on 5 June, 2018."
Mr Cervi (36) from the East Wall area in Dublin 3, has pleaded not guilty to murdering Robert 'Bobby' Messett at Bray Boxing Club, Bray Harbour, Co Wicklow on 5 June, 2018.
Mr Cervi also pleaded not guilty to the attempted murders of Mr Taylor and Ian Britton on the same date and at the same location.
The trial has heard that a group of people had assembled at the boxing club in the early hours for a training session when a gunman appeared at the door and opened fire.
Mr Taylor and Mr Britton were injured while Mr Messett died immediately at the scene.
Murder, Mr Murray said, is an unlawful killing where the person intended to kill or cause serious injury.
He said the gunman's intention to kill in this case is shown by the "deliberate methodical" way that he fired from left to right and up and down in the small, crowded room.
Mr Messett, he said, was very close to the gunman who "without a word said, no warning given" shot him at close range.
"If you shoot somebody in the head what are the natural and probable consequences of that?" Mr Murray asked.
"You can infer intent from actions and I would suggest to you that the intent is clear on the part of the gunman."
Mr Messett died, a second man was shot twice and Peter Taylor "appeared to have what you might consider a miraculous escape," counsel said.
He said Mr Taylor "was running towards the gunman when he tripped or fell over a piece of equipment which had an effect on his body angle and, it would appear, that is what saved him from more serious injury if not death."
Mr Murray said a bullet went through Mr Taylor's arm and into his left armpit but "fortuitously went in front of the chest area rather than inside into the major organs in the chest."
In relation to the attempted murder charge, Mr Murray said the prosecution must prove that the accused intended to kill.
"Where you shoot a person at close range and continue to fire in a small, crowded room, that shows a continuing intention to kill."
Mr Murray said the jury may not take very long in establishing the intent of the gunman.
"The question may be whether or not it was Mr Cervi, and the prosecution say there is overwhelming evidence it was indeed Mr Gerard Cervi, the man sitting in front of you today and for the duration of the trial."
The case, counsel said, is a circumstantial one whereby strands of evidence may not by themselves prove anything but when "you add it to something else and something else and all the strands together lead to the irresistible conclusion in relation to what happened."
Mr Murray said the accused's DNA and fingerprints were found in a distinctive van with a yellow registration plate, sliding rear doors and black tape over the passenger side window that the prosecution alleges was used by the gunman.
On the morning of the shooting, Mr Murray said CCTV shows that a cyclist emerged from Mr Cervi's home on Russell Avenue at about 4.15am and "clearly" went to Pigeon House Rd to the same van.
Mr Murray said the prosecution case is that Mr Cervi was that man and he invited the jury to identify the accused from the CCTV footage and stills produced by the prosecution during the trial.
The van then moved to Bray where the shooting happened, Mr Murray said.
Counsel went through CCTV footage that he said shows Mr Cervi getting out of the van and going into the club.
The man is inside for less than one minute when "carnage occurs inside the club" before the man returns to the van, counsel said.
Mr Murray said the man, having made his way back to the van, "escapes quickly" and can be spotted on CCTV driving back towards Pigeon House Rd.
Mr Murray said the footage shows the driver of the van changed his yellow high vis vest for an orange one and his brown or beige jumper for a blue one.
He said that the van was then left on Pigeon House Rd before a person wearing the same clothes was captured on CCTV cycling from Pigeon House Rd, across a toll bridge and back to Mr Cervi's home on Russell Avenue.
Acting on the CCTV evidence alone is "sufficient to convict" Mr Cervi, counsel said, adding that when added to phone evidence, DNA, fingerprints and other evidence "you are led inexorably, inevitably to the conclusion that it was Mr Cervi who committed the shooting on 5 June, 2018."
Mr Murray invited the jury to bring a "true verdict" in accordance with the evidence "by finding that Mr Cervi is guilty of murdering Bobby Messett and of the attempted murders of Ian Britton and Mr Pete Taylor."
Ms Justice Karen O'Connor told the jury that they will hear a speech on behalf of the accused tomorrow before the judge addresses them on matters of law.
