Judge gives extensive instructions to murder case jury

He said there was “no contention” that the accused man, Martin Toland of Walkinstown Park, had inflicted the wounds on the deceased, Alan Nolan, and on James Carroll, who suffered stab wounds to the heart and stomach.

The 34 year old has pleaded not guilty to murdering Mr Nolan (aged 28), at his apartment in Cedarbrook Walk, Ballyfermot in the early hours of September 8, 2007.

He has also denied the second charge of recklessly or intentionally causing serious harm to Mr Carroll (aged 30), on the same date.

Mr Nolan was stabbed five times - the fatal stab wound penetrated his heart to a depth of 5cm.

The accused told gardaí that he was acting in self-defence. “Everything that happened (that night) happened in self-defence,” he told gardaí in the interviews following his arrest.

He said the two men attacked him, and he had been trying to retreat from the house “jabbing” the knife in front of him, in an effort to keep his friends back.

“You are dealing with the circumstance of self-defence and the question of state of mind … that takes much consideration” Justice McCarthy told the jury.

He reminded them that it was “unlawful” to go “too far” in self-defence, and said they would have to give particular consideration to the accused's state of mind at the time of the incident.

He said that the question they will have to ask themselves is: “Does this person with all his baggage, given his background, have in his mind the relevant intention?”

He said if the jury takes the view that the assault was unlawful, but it did not amount to murder because of the absence of intention, then the crime would be manslaughter.

Mr Justice McCarthy also said if the jury were to reject the defence of self-defence, they would then have to consider whether provocation was a factor.

“If the jury take the view that this is a provoked killing, then murder can be reduced to manslaughter” he said. But he reminded the jury that Mr Toland's defence team had been explicit in saying the accused was not relying on a defence of provocation.”

During the eight days of evidence, the Central Criminal Court heard that the three men had spent the night in question drinking, playing video games and poker at Mr Nolan's apartment.

They also took a portion of an ecstasy tablet, and the deceased and Mr Carroll were also smoking hash.

In the early hours of the morning, a fight broke out between Mr Nolan and the accused over a series of phone calls the deceased and been receiving, and that he accused Mr Toland's sister of making.

There was a scuffle downstairs, and then in a “stern voice” Mr Nolan told the accused to come upstairs with him and sort things out.

In his account to gardaí, Mr Toland said things simmered down a bit while they were chatting upstairs, but then his friend produced a knife and came towards him.

But, the accused said, Mr Nolan tripped up on the duvet and then they both struggled for the knife, and he managed to get it from his friends.

Mr Carroll, who had remained downstairs, said he ran up to the bedroom after hearing a “commotion” and saw the accused pinning his friend down on the bed.

He did not see a knife at the time, he said.

In his account to gardaí, the accused said he began backing away from the two men, who kept coming towards him.

He said all three tumbled or stumbled down the stairs, and that he did not remember stabbing anyone, but that the wounds may have been inflicted then.

Mr Justice McCarthy also said that if the jury were to reject the defence of self-defence, they would then have to consider whether provocation was a factor.

“If the jury take the view that this is a provoked killing, then murder can be reduced to manslaughter” he said.

However, he reminded the jury that Mr Toland's defence team had been explicit in saying the accused was not relying on a defence of provocation.

The jury is due to rise and consider its verdict tomorrow morning.