Tuesday 22 October 2019

'Leave your emotions outside the door,' judge advises Ana jury

Ana Kriegel
Ana Kriegel
Eimear Cotter

Eimear Cotter

Leave your emotions outside the door, be independent of mind and act on the evidence.

Put on your "teenage glasses" and consider the Garda interviews with the accused through the eyes of a 13-year-old.

This was some of the advice given by the judge to jurors as they retired to consider a verdict in the trial of two boys accused of murdering Ana Kriegel.

The accused, who were aged 13 at the time, have pleaded not guilty before the Central Criminal Court to murdering 14-year-old Ana at Glenwood House, Clonee Road in Lucan on May 14, 2018. One of the boys, Boy A, also denies a charge of aggravated sexual assault.

It is the prosecution's case that Boy B "lured" Ana to the derelict house and watched as the other boy sexually assaulted and murdered her.

In his charge to the jury, Mr Justice Paul McDermott said jurors must be "clinical in their analysis of the facts".

The judge said it would be impossible not to have sympathy for the bereaved family in this case.

It would also be impossible not to have a degree of empathy for the families of the accused and the situation they had been placed in.

However, he told jurors to leave their emotions outside the door when they begin their deliberations.

It was essential for jurors to be independent in mind and act on the evidence, he added.

The judge said there was a large amount of evidence for them to examine, and it had to be done "forensically and clinically".

He reminded the jury that if they had a "reasonable doubt" on the evidence they must acquit.

In his closing address, Patrick Gageby SC, for Boy A, asked the jury to consider if there was any real or solid evidence that his client planned to kill Ana or anyone.

In his address, Damien Colgan SC, for Boy B, said there was "nothing to support the prosecution case" against his client.

"If you believe what Boy B said, he didn't know what was to happen to Ana on the day in question and there was no plan or preparation then that's the end of it, you find him not guilty."

The jury was sent out last Wednesday to consider its decision.

They have been deliberating for more than seven hours and are due to resume their deliberations tomorrow.

Sunday Independent

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