Thursday 8 December 2016

Jury to begin deliberations tomorrow in trial of 32-year-old man charged with murdering former rugby club captain

Alison O'Riordan

Published 14/10/2015 | 18:53

Mr Justice McCarthy then said it is not up for debate that the accused unlawfully killed the deceased but the prosecution must prove the deceased was killed at a time when the accused intended to kill.
Mr Justice McCarthy then said it is not up for debate that the accused unlawfully killed the deceased but the prosecution must prove the deceased was killed at a time when the accused intended to kill.

The judge in the trial of a 32 year-old man charged with murdering a former Dublin rugby club captain last year has finished charging the jury and they will begin deliberations in the morning.

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Gary Walsh (32) with an address at Ravensdale Park, Kimmage, Dublin 15 has pleaded not guilty to the murder of Cathal Sweeney at a house in Terenure on February 8 2014.

Mr Walsh, however pleaded guilty to the manslaughter of Mr Sweeney at the Central Criminal Court last week but this plea was not accepted by the State.

Mr Justice Patrick McCarthy told the jury of eight men and four women today they would proceed on the basis of the legal principles he would give them.

"I have no view of what you should do in this case. My view has been on the legal issues involved and the running on this case. The

obligation of the prosecution is to approve the assertion it makes, that the accused is guilty of murder and not manslaughter.

"The prosecution must prove every legal element of which offence the accused is charged and they must prove it to a standard of proof known as proof beyond reasonable doubt. The entire responsibility rests on the prosecution to prove the case," said the judge.

Mr Justice McCarthy then said it is the accused's right not to give evidence in this case and no inference must be drawn against him for this.

"What is relevant in this case is what you think is relevant and not what I think is relevant. You will establish if the prosecution have proved their case to the standard and if not, the accused will have the benefit of the doubt, the benefit of the reasonable doubt. That is a doubt based on human reason," said the judge.

The jury then heard that if there was a doubt they must adopt the doubt favourable to the accused.

He then turned to the law of murder and said a man commits murder if he unlawfully kills another person in circumstances where he intended to kill or cause that person serious harm.

Mr Justice McCarthy then said it is not up for debate that the accused unlawfully killed the deceased but the prosecution must prove the deceased was killed at a time when the accused intended to kill.

The judge concluded by saying to they jury they must be like stone and not be influenced by sympathy for either the deceased or the accused as well as addressing the evidence in a vigorous manner.

The jury will begin deliberations at 10am tomorrow morning.

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