Murder trial collapses
The trial of two young men charged with murder collapsed in the Central Criminal Court today after the prosecution entered a Nolle Prosequi on behalf of the Director of Public Prosecutions
Jason Curry (aged 20) with an address at Leighlin Road, Crumlin and Karl Fay (aged 18) of Lismore Road, Crumlin had both denied murdering David Rooney (aged 35) at Clonmacnoise Road, Crumlin on July 12, 2008.
It was the prosecution's case that Mr Curry attacked Mr Rooney with a snooker cue while Mr Fay hit him with a golf club, Mr Rooney died of his injuries in hospital 10 days after the attack.
Prosecuting Counsel Tom O'Connell SC told the jury that he had been instructed by the DPP to enter a Nolle Prosequi on the basis that there is no further evidence.
The prosecution's case was based on the eyewitness evidence of three young brothers, the eldest of whom gave evidence via video link in court this morning.
The 12-year-old boy, who cannot be named for legal reasons, told the jury he was sitting on the wall of his friend's house on the night of the incident when he saw two men running with their hoods up chasing a third man.
The witness told the court that he had seen the two men hitting the third with a stick, but when asked by prosecuting counsel if he knew any of the men the witness answered no, saying that he did not recognise them as they had their hoods up.
However in a statement read out by prosecuting counsel Tom O'Connell SC, the young boy had told gardaí he recognised one of the two men he saw on the night in question, naming Mr Curry.
When asked by Mr O'Connell SC via video link if he remembered saying that to the gardaí he replied: "I never mentioned any names."
The young boy had told gardaí in his statement that the two men had a golf club and part of a snooker cue but denied having any recollection of that when questioned by Mr O'Connell SC.
He said: "I never said anything about a golf club, I never saw a golf club."
Mr Justice George Birmingham thanked the jury for their service and for their patience throughout the trial and exempted them from further service for 10 years.
Addressing the jury he said; 'Thank you for agreeing to serve it is not an easy task, Mr O'Connell outlined his case at the beginning expecting to produce certain evidence. That expectation has not been realised as the evidence hoped for hasn't been forthcoming.'
Mr Justice Birmingham formally ordered Mr Curry and Mr Fay to be discharged, Mr Curry remains in custody on previous charges.
