Ex-husband cleared of attempted murder of ex-wife
A jury in the trial of a Dublin man accused of attempted murder of his ex-wife at the Central Criminal Court today returned a verdict of not guilty after just 44 minutes.
Dymphna (Kiernan) McDaid (aged 35) claimed that Mr McDaid attempted to murder her at her horse riding school at Surgalstown, Swords on March 29, 2000.
Mrs McDaid claimed that her former husband arrived at her riding school between 10 and 11am, on a motorbike dressed in black leather gear including a motorbike helmet, asked for directions to a Lees Cross nursing home and then proceeded to kick and punch her in the head before dragging her into a stables where it is alleged he tied baling twine around her neck.
David McDaid (aged 39) of Sillogue Avenue Ballymun, Dublin, denied the charge of attempted murder. The accused also denied assault causing serious harm and engaging in conduct causing a substantial risk of death.
Mr McDaid was found not guilty of all three charges.
The family of Mrs (Kiernan) McDaid today were devastated by the verdict. Mr McDaid and his mother, Joan and sister Mrs Natasha Clare today hugged each other with relief outside court number two in the Central Criminal Court.
Before the jury were discharged today, Mr Justice Paul Carney today said the "forensic investigations in the case was in the range of zilch to casual, closer to zilch".
Mr Hugh Hartnett, SC, in his closing speech for the defence said there were glaring inconsistencies in the case against Mr McDaid.
"Surely there should have been an appropriate forensic examination. Science doesn't lie and rarely makes mistakes", he told the jury of four women and eight men yesterday.
Detective Insp Guss Keane told the jury during the five-day trial that no forensics were taken at the scene of the crime.
Mr Hartnett, SC, for the defence, said that the core of this investigation was the question of identification.
Mr Hartnett said counsel for the prosection contended that Mrs McDaid identified her husband as the attacker through the visor of his motorcycle helmet.
"Then you heard evidence that the motorcyclist's visor was up, she said this is how she recognised this man. Counsel for the prosection opened the case to say that the visor was down at the time of the attack", Mr Hartnett, SC, said.
Another inconsistency, Mr Hartnett, SC, said was that Mrs McDaid said in her first statement to the gardaí that her attacker took off his helmet during the attack in the stables but "when the witness was asked, she said the helmet was never taken off", Mr Hartnett, SC, told the jury in his closing speech earlier today.
Mr Ciaran O'Loughlin, SC, prosecution counsel, in his closing speech to the jury, said that the intention of the accused was to "strangle her to death".
Mr O'Loughlin told the jury before they were sent out to make their verdict that "a rope was tied around her neck, she was dragged across and lifted up, this creates a susbstantial risk to death", he said.
"I suggest to you that Diane Garvey gave evidence that a dark motorcycle called on two occassions before the attack and on one occasion the motorcyclist asked for directions to Lees Cross nursing home", Mr O'Loughlin told the jury.
"Logically that motorcyle was the same motorcyle that came to the stables and attacked Mrs McDaid. I suggest to you that this attack was planned in advance and the attacker was waiting to attack", Mr O'Loughlin said.
