Prosecutor urges murder case jury to listen to 'silent witness' that is Nicola Collins

The defence in a murder trial rejected the prosecution claim that the accused beat his girlfriend to death and said that he cared for and assisted the deceased and was not remorseless or uncaring.

Prosecutor urges murder case jury to listen to 'silent witness' that is Nicola Collins

The defence in a murder trial rejected the prosecution claim that the accused beat his girlfriend to death and said that he cared for and assisted the deceased and was not remorseless or uncaring.

Ms Justice Eileen Creedon will make her address to the nine men and three women of the jury on the law and formally put them in charge of the case today at the Central Criminal Court. It is anticipated that they will then commence their deliberations.

The jury yesterday heard from the prosecution and defence senior counsels who gave their closing speeches.

Cathal O'Sullivan, 45, who is originally from Charleville, County Cork, is on trial at the Central Criminal Court sitting in Cork. He denies murdering Nicola Collins on March 27, 2017 at a flat at 6A Popham's Road, Farranree, Cork, over the Gala store.

Tom Creed SC for the prosecution urged the jury to listen to what he termed as the 'silent witness'. He asked them to consider the testimony of two expert medical witnesses, Assistant State Pathologist Dr Margaret Bolster and Cork neuropathologist, Dr Michael Jansen.

"The silent witness is Nicola Collins and she speaks through the pathology. She speaks through the pathologist (Dr Bolster) because the pathologist interprets what she found from Nicola Collins, the deceased. Dr Jansen speaks for the silent witness as well," he said.

Mr Creed asked the jury to consider that the deceased had 125 different injuries to her body when found by emergency services, including a fractured jaw and a missing tooth.

Mr Creed said the sheer extent of the injuries sustained by Ms Collins, including bruising all over her face, head and body, was not consistent with the accidental causes argued by the defendant.

He also urged the jury to consider what he termed the "pretty awful" things said by the defendant about the deceased's medical history. Mr Creed said the defendant had given evidence in "a calculated and remorseless manner" about his deceased girlfriend. "By remorseless I mean without remorse," he said.

Mr Creed also argued that the defendant's dismissal of expert prosecution evidence was done with what he termed "Trumpian arrogance".

Colman Cody SC for the defence said that from the beginning, the gardaí presented one narrative of the accused killing Ms Collins. But he said: “He did not cause the injuries that caused the death of Nicola Collins.

You have heard his evidence and the manner in which he gave it, the detail in which he gave it. There are two versions. There is a version which bucks the narrative put forward (by the prosecution). He did not kill Nicola Collins or inflict any injuries on her which caused her death.

“When you look at the relationship this is a man who cared for Nicola Collins, he did not kill her. A man who was doing his best for his girlfriend.

“The version he gives is simply incapable of calculation because that is how it was.”

Mr Cody said the prosecution scoffed at the defence version, suggesting it was fantasy, self-serving and remorseless. The defence senior counsel said he rejected the devious and calculating portrayal of his client.

“What if any motive could there be for Cathal O’Sullivan to behave in this manner such as to expose her to a sustained attack – it simply is not there. When you look at the totality of how they were getting on there is nothing to indicate why he would behave in this manner,” Mr Cody SC said.

He said the care shown for the deceased by the accused – by picking up her medication from the chemist and trying to assist her when she was in difficulty – was at odds with the prosecution evidence. Mr Cody said in rejecting the prosecution case, “that he essentially beat her to death – as set out by Mr Creed – we do not have this blood-drenched, blood-soaked scene".

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