Jury deliberations are expected to begin today in the trial of Ballyvaughan Man Colm Deely who denies the murder of local woman Deirdre McCarthy.
The judge in the case at the Central Criminal Court in Dublin will complete his directions to the jury later this morning, but has already told them, that the 41 year old accused must be convicted of manslaughter at least.
Mr Justice Barry White said there were "two horses being run" by Colm Deely’s defence – one of provocation which can reduce what should be a murder conviction back down to the level of manslaughter – if a combination of words or actions caused him to lose complete control of himself at the time of the wrongful act so that he is not master of his own mind.
Addressing the other defence of absence of intent, Judge White told the jury "It would be perverse of you to decide there is no unlawful killing in this case"
In his closing speech prosecuting Counsel Paul Greene questioned whether there was evidence of the loss of self-control in the death of Deirdre McCarthy given that Colm Deely had no predisposition to violence.
He said Mr Deely did nothing to try and find help for Ms McCarthy or ring the emergency services and in dumping her body into the sea he could have made it harder for a prosecution to ensue.
Defence Counsel Martin Giblin told the jury that Colm Deely had done his best to explain a terrible event for which he is very sorry, reminding them that when the accused was asked if putting his hands around Ms McCarthy’s neck was the cause of her death he said "I’d say so but I didn’t mean it."
He said his client must be held accountable for the death but asked them to return a verdict of manslaughter.
Mr Justice Barry White will conclude his charge to the jury today before they begin deliberating.
