A man has pleaded guilty to the manslaughter of his mother's partner, who died of blunt force trauma and was found with a sofa covering his body from the waist down.
Andrew Nash, of Parnell Street, Thurles, Co Tipperary, had gone on trial in Cork on Monday charged with the murder of British national Jonathan (John) Ustic on a date unknown between September 24th and 25th, 2017, at High Street, Skibbereen, Co Cork.
The Central Criminal Court, sitting in Cork, had heard that Nash (43) allegedly attacked Mr Ustic (51), raining blows down on him, slicing him in the ear with a broken bottle and then bringing a sofa repeatedly down on top of him as he lay defenceless on the floor.
The jury of seven men and five women heard two days of evidence in the case. When the case resumed on Thursday, Nash was re-arraigned in the presence of the jury. He denied murdering Mr Ustic. However, he pleaded guilty to manslaughter.
Mr Ustic had been in a relationship with Nash's mother, Suzanne Fenton, who died last year.
Prosecting counsel, Sean Gillane SC, said the entering of a plea of guilty to manslaughter was acceptable to the State. Nash was remanded in custody for sentencing on Friday.
Mr Justice Michael McGrath thanked the jurors for their service and exempted them from jury service for a period of five years.
Alarm
The trial had heard that the alarm was raised by Ms Fenton on the morning of September 25th, 2017.
Witness Shirley Shorten said she was walking past a house on High Street in Skibbereen when a woman, later identified as Ms Fenton, asked her for help.
“She said, ‘Sorry excuse me, can you help me please? I think my partner is dead downstairs’ and could I call the guards.”
Sgt Padraig O’Conchuir said when he arrived on the scene he noted the presence of blood, shards of glass and overturned furniture.
“There was a blue sofa covering the body of a man from the waist down. There was a lady there who was distressed. She kept saying over and over, 'He is dead, isn’t he?'
“I approached the body for signs of life. Unfortunately he was deceased.”
On Monday Mr Gillane gave the jury an outline of the case. He told the jurors that alcohol intoxication was a contributory factor in the death of Mr Ustic.
Mr Gillane said that a post-mortem examination carried out on the deceased had indicated that the primary cause of death was blunt force trauma to the head, chest and neck.
Mr Gillane indicated that Mr Ustic and Ms Fenton were living together in Skibbereen.
He stated that on September 24th, 2017, Nash received a phone call from his mother when he was in Cork city with friends. He and a couple he knew decided to go to the house in Skibbereen where Mr Ustic was living with Ms Fenton.
He said the State's case would be that Nash went upstairs and “struck him [Mr Ustic] with a number of blows to the cheek”. However, Mr Gillane said that “things settled down” thereafter.
Socialising
There was then some socialising and drinking in Lough Hyne, Baltimore, Mr Gillane said, adding that CCTV showed the group returning to High Street at 7.30pm.
Mr Gillane said the CCTV footage showd Nash pulling Mr Ustic from the car, leading him to "violently hit his head off the ground" in the car park.
He said that the evidence would be that Nash and the couple returned to 15 High Street, while Mr Ustic was left on the ground in the car park.
Mr Gillane said Mr Ustic's condition was such that “people passing by were concerned about him”.
“They called the nearby garda station which was shut,” he added.
Mr Gillane said Nash and his male friend allegedly later emerged from the house: “They picked [Mr Ustic] up and brought him back to the house, carrying him under the armpits with his feet dragging on the ground. [Mr Ustic] is insensible at that stage.”
Mr Gillane added that Nash allegedly threw Mr Ustic to the ground.
“You will hear tension arose and language was used. You will hear that Mr Nash attacked Mr Ustic. He rained blows down on him, slashed him in the ear with a broken bottle and stamped on his head.
“He (Nash) lifted up a sofa and he brought it down repeatedly on the head and chest area of Mr Ustic.”
The following morning, Ms Fenton raised the alarm and Mr Ustic was pronounced dead at the scene.
Following his arrest, Nash accepted “giving slaps” to Mr Ustic, but denied inflicting any injuries which caused his death.
