Closing speeches in Dublin pub murder trial
The trial of a 38-year-old-father-of two accused of murder has heard there are "two verdicts open" to the jury; not guilty of murder or guilty of manslaughter, defence counsel said in his closing speech to the jury at the Central Criminal Court today.
Mr James (Seamus) Morgan of Lower Mount Pleasant Avenue, Rathmines, Dublin 6 denies the murder of Mr James Hand (aged 29) of Mountjoy Square, Dublin 7 on or between August 22 and September 5, 2002, both dates inclusive, at The Meeting Pint public house on Dorset Street Upper.
It is the prosecution’s case that the deceased was stabbed on August 22, 2002 and died two weeks later in hospital.
It is alleged that after the accused man told the bargirl, who was a niece of the deceased, he was barred from The Meeting Pint pub, he was asked to leave by Ms Amanda Kavanagh.
However, the accused allegedly returned to the pub on at least three occasions in an agitated state. After Mr Hand "had words" with the accused an altercation allegedly broke out and Mr Hand was stabbed.
Mr George Birmingham SC, with Caroline Biggs BL, told the jury that they "cannot operate on the basis of Mr Average, when the clear evidence is that Mr Morgan is not Mr Average". Mr Birmingham SC said the accused has "low IQ" and has a "mild mental handicap" and has "difficulties judging the consequences of his actions".
Mr Birmingham SC told the jury that the evidence suggested in this case "is one way", the "accused said he didn’t intend to cause serious injury". The defence counsel asked the jury to "focus on the individual" who was "suffering paranoia, was on a cocktail of medication, was in an agitated state and had consumed a considerable amount of alcohol" at the time of the fatal incident.
"The question is what would the effect be on such a person," Mr Birmingham SC asked the jury.
Prosecuting counsel Mr Patrick J McCarthy SC in his closing speech to the jury said after the deceased and the accused had a conversation, Mr Morgan "followed" the deceased down to the back of the pub.
"The deceased was facing the poker machine and the accused stabbed him in the back," Mr McCarthy SC said. "There is no question that he (Mr Hand) was entitled to respond."
The prosecution counsel told the jury that the accused man "intended the natural probable consequences of his actions".
On the day of the fatal incident, the prosecution allege that the accused man was "carrying a knife and was suffering from paranoia" and on this same day he also attended his psychiatrist.
After the doctor appointment, Mr McCarthy SC said, the accused man visited three public houses on Dorset St, Dublin 7. The prosecuting barrister told the jury that it was possible that the accused man "didn’t take his medication" that day also.
Mr McCarthy SC told the jury that a "carriage of a knife carries the proposition that he was looking for trouble". "And low and behold, he found trouble or trouble found him. He had the knife and was in position to respond."
Mr Justice Paul Carney is continuing his charge to the jury today.
