Tuesday 25 June 2019

Ana Kriegel murder trial: Lawyer for Boy B tells court there is no evidence that schoolboy knew what was going to happen to Ana

Ana Kriegel
Ana Kriegel
Eimear Cotter

Eimear Cotter

A LAWYER for a boy accused of murdering Ana Kriegel has said the prosecution case does not "add up" and there is no evidence that he knew what was going to happen to the schoolgirl, a trial has heard.

In his closing speech to the jury, defence counsel Damien Colgan SC, for Boy B, said that the prosecution cannot prove that Boy A and Boy B conspired or planned to kill Ana.

Ana Kriegel
Ana Kriegel

He said Boy B told a friend that Boy A "snaked him" as he got him to collect Ana from her home. Mr Colgan said that's "exactly what happened".

"Boy B was set up by his co-accused", he added.

The two accused, who were both aged 13 at the time, have pleaded not guilty before the Central Criminal Court to murdering 14-year-old Ana Kriegel at Glenwood House, Laraghcon, Clonee Road in Lucan on May 14, 2018.

One of the boys, Boy A, has also denied a charge of aggravated sexual assault.

In his address to jurors this morning, Mr Colgan said there was no DNA evidence connecting Boy B to the scene, nor was there any DNA evidence connecting him to Boy A.

Mr Colgan said prosecution counsel Brendan Grehan SC, in his closing speech, had suggested the boys left the house together.

However, he said the "real evidence" - the CCTV footage -, does not bear this out. He said CCTV cameras place Boy B at a certain spot in the park at 5.49pm and Boy A in almost the same place at 5.57pm.

Mr Colgan said this fits with what Boy B told gardai, that he panicked, his brain froze and he ran from the scene.

Mr Colgan reminded the jury that Boy B is a child - and was only 13 at the time of this offence.

He said the prosecution case is that the two boys planned this together and Boy B collected Ana and brought her to Boy A who then did "untold things" to her.

However, Mr Colgan said this theory does not hold water, and "does not add up in any shape or form".

He said there was "no plan" and Boy B had "no knowledge". He had given gardai an innocent explanation of collecting Ana - namely, that he had been asked to do so by Boy A who wanted to discuss relationship issues with her.

Mr Colgan then asked the jury to consider what person in their right mind would go to a house, where he's known, and collect a girl, knowing that she would be dead within 45 minutes.

Mr Colgan said this was "so off the radar" that it's not even feasible.

He said the prosecution was relying on Boy B's lies during his interviews with gardai and arguing this was somehow sufficient to prove their case.

Mr Colgan said Boy B was "clearly telling lies, there's no two ways about it", but he reminded the jury of pathologist Professor Marie Cassidy's evidence when she agreed that any person would have been traumatised by what they had seen in that room.

Mr Colgan also said there was no evidence that Boy B had brought Tescon-branded tape, which was found around Ana's neck, to the scene.

The counsel said Boy B's father had given evidence that his son told him he'd given a few metres of tape to Boy A. Boy B told his father about this long before Ana was missing, Mr Colgan added.

He said the jury must analyse the prosecution case with "a fine tooth comb".

Mr Colgan told the jury they cannot convict Boy B if they believe what he said, that he didn't know what was going to happen to Ana on that day.

Mr Colgan also said that if they have a doubt about what happened they must also give the benefit of the doubt to Boy B and find him not guilty.

Mr Justice Paul McDermott has begun to give his charge to the jury of eight men and four women.

Read more here: Ana Kriegel murder trial: Jury asked to consider if there's any real evidence Boy A 'planned any of this at all'

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