Jury in 'drugs rip' murder trial begins deliberations
The jury in the case of a 22-year-old man on trial for murdering another man during a drugs “rip” has begun its deliberations at the Central Criminal Court.
Warren Graham has denied murdering Paul Keegan (aged 42), at a lane behind Cherryfield Road in Walkinstown on December 10, 2007.
He has also pleaded not guilty to a second charge of having an imitation firearm with intent to cause robbery, on the same date.
After presenting himself at Crumlin Garda station a week after the killing, he admitted to gardaí that he knifed Mr Keegan in the back, but said he was acting in defence of his friend at the time.
“ My mate called me...because the big fella was punching the head off him... He was hitting him with the imitation gun and the big fella was boxing the head off my friend. I panicked, I had the knife and I just stabbed him.”
He said his friend wouldn't stop screaming “jab him, jab him” so he just “ran in and done it.”
Mr Graham said he didn't mean to kill Mr Keegan, he just wanted to get him off his friend so they could get away from the scene of the hoax drugs collection.
The jury of six men and six women has heard that the accused only became involved in the drugs rip the night before it was carried out.
He was instructed by a third party to go with his friend to the lane in Walkinstown and pretend they had 50 kilos of hash for two men; the deceased Paul Keegan and his friend, Thomas Maher.
They were to use a knife, which the accused was given by his friend, and the air gun to intimidate the men in an effort to get the money for the drugs.
But Mr Maher fled the scene once the weapons were produced, while Mr Keegan stood his ground and became involved in a struggle for the gun with the accused's friend.
Mr Graham later told gardaí that after chasing Mr Maher for a distance, he returned to the lane after hearing his friend screaming “Warren come back.”
He said the two men were covered in blood and his friend was hitting Mr Keegan over the head with the air gun, but it was having no effect.
Mr Graham said he panicked and used the knife. Mr Keegan screamed and fell to the ground, and then he and his friend fled the scene by car.
It is the prosecution's case that the accused murdered Mr Keegan because the force he used was “grossly disproportionate” and his main intention was to escape, and not to save his friend.
The defence say Mr Graham believed that it was necessary to do what he did to defend his friend.
In his charge to the jury, Mr Justice Patrick McCarthy said that a person is entitled to use force defend another person from an attack.
He told the jury if they believe the force used by the accused was reasonable, objectively speaking, then he is entitled to an acquittal.
But he said they should return a verdict of guilty of manslaughter if they believe the prosecution proved beyond a reasonable doubt that “he did not subjectively believe (the force used) was reasonable.”
He said a verdict of guilty of murder is also open to them.
The jury rose to consider their verdict just before midday.
