Published Date:
16 June 2009
A MURDER trial jury has watched the final
moments of a Fleetwood dad's life.
Father-of-three Gerard
Cavanagh died after a fight broke out in a Fleetwood takeaway.
It is alleged the 31-year-old, who was training to be a gas fitter at Blackpool and The Fylde
College, was punched and kicked outside La Luna on Lord Street.
The moments were caught on CCTV and replayed to a jury at Preston Crown Court where
student Michael Twiss is on trial for murder.
He denies the charge.
The court heard Mr Cavanagh took exception after Twiss, 20, locked a friend out of the takeaway as a prank.
Mr Cavanagh had been part of a group locked outside La Luna.
He rowed with Twiss on entry before storming out, telling staff "Because of him, I'm going."
But Mr Cavanagh, of Southfleet Avenue, Fleetwood, waited outside. Twiss went out to smooth things over. A fight then broke out which ended with Mr Cavanagh dead.
The former pupil of Cardinal Allen RC High School was found unconscious by a passing police patrol at around 3.30am.
Despite efforts to save him by both police and paramedics, Mr Cavanagh died before reaching hospital.
Brian Cummings QC, prosecuting, told the jury how Twiss, of Broadway, Fleetwood, had later admitted fighting with Mr Cavanagh to detectives and kicking out once, although he said the blow did not connect.
Mr Cummings added: "The prosecution accepts Michael Twiss began by defending himself against an attack by Gerard Cavanagh.
"But what we allege is he went too far by kicking Mr Cavanagh in the head as he lay defenceless on the ground, no longer a threat to him, and by killing him that way."
The jury saw footage from inside the takeaway and heard an argument break out between the pair, with Twiss offering to pay for Mr Cavanagh's food to placate him.
But as he walked out, a girl in Twiss's group was heard to shout abuse at Mr Cavanagh, according to the prosecution.
Mr Cummings added: "Michael Twiss then left the premises, too, as he wanted to smooth things over."
The court heard how friends of Twiss went outside to see what was happening and Mr Cavanagh said: "Oh, it's three on one?" Mr Cummings added: "Michael Twiss told them to go back inside which they did."
Two other witnesses arrived at the shop at this stage and later told police they saw two men arguing in the street.
Mr Cummings added: "From the CCTV inside the store, Twiss's friends ran from the store shortly after the time when police believe the fight started."
The jury was told how Twiss, who is studying for a degree at the University of Central Lancashire, was a man of previously unblemished character, but Mr Cavanagh was known to get violent in drink and had criminal convictions for assault.
Mr Cummings added: "I'm acutely aware some of Mr Cavanagh's family are in court today, but I have to give the facts."
(Proceeding)
-
Last Updated:
16 June 2009 1:51 PM
-
Source:
n/a
-
Location:
Blackpool