Sunday 27 May 2018

Re-trial in murder case as jury are deadlocked

Jury could not agree on verdict after ten day trial

Paul Deering

A 30-year-old man is facing a re-trial on a murder charge after a jury in the Central Criminal Court in Dublin failed to agree on a verdict.

The jury in the trial of Keith Brady of Cartron Estate for the murder of Martin Kivlehan in August 2015 at his home on Holborn Street was discharged by Mr Justice Paul McDermott after he was told by the foreman on Monday afternoon that they were deadlocked.

Shortly before 3pm on Monday the jury foreman handed a note to the Judge to say they would not be able to reach a unanimous verdict.

Justice McDermott told them they could return a verdict if ten of them agreed. Less than one hour later they returned and the foreman told the registrar that they had not reached a majority verdict and had written “disagreement” on the issue paper. Brady was remanded until next Monday December 4 “on the off-chance that there is an opportunity to deal with the matter.”

The jury of eleven (one juror was discharged last week as she had to go on holiday) began deliberating on Friday afternoon.

Brady had pleaded not guilty to murder but guilty to manslaughter of 59-year-old Mr Kivlehan who was stabbed twice in the neck. He had admitted Keith Brady and his sister Janice to his apartment on August 3rd 2015 where they began drinking. Brady gave nine interviews to Gardaí, initially denying any involvement but in December called Gardaí ‘out of the blue’ from Castlerea prison to make a confession.

Mr Justice McDermott told the jury when considering the defence of provocation they should take into account Brady’s character, temperament and circumstances. If they found it was possible that he was provoked, they should find him not guilty of murder but guilty of manslaughter.

If the prosecution had proven beyond reasonable doubt that he had the intention to kill or cause serious injury and that he was not provoked, they were told to find him guilty of murder.

Sligo Champion