A Dublin man has gone on trial charged with the murder of his uncle Edward O’Connor in Finglas, Dublin 18 months ago.
David Cully (aged 24) of Kilshane Road, Finglas West, Dublin 11 is charged with the murder of Edward O’Connor (aged 41) at Ballycoolin Road, Finglas West, Dublin 11 on December 15, 2013.
When asked how he pleaded to the charge when the trial opened today, Mr Cully said: “Not guilty of murder, guilty of man slaughter”.
This plea was not accepted by the Director of Public Prosecutions (DPP).
Today, Counsel for the DPP, Ms Pauline Walley SC told the jury of seven women and five men who were sworn in this morning at the Central Criminal Court they would hear during the course of the trial that the deceased Edward O'Connor was the uncle of the accused man and they would hear "there was difficult family circumstances that resulted in the killing."
"To prove that Mr Cully is guilty of murder and not manslaughter as he admitted this morning, rests on this side of the house," said the prosecution counsel.
"There is no obligation on the defence to prove, the obligation rests with us
"You must decide when Mr Cully took the gun and shot Edward O’Connor in the back twice did he intend to kill him or cause serious injury to the deceased.
"He has said he killed him in an unlawful manner but he did not intend to kill him or cause serious injury at the time. So behave coldly, impartially, do not allow sympathy or empathy to sway you in any way."
The prosecution counsel added she must prove that Mr Cully intended to kill the deceased and that he wasn't provoked.
The trial resumes at 2pm and is expected to last up to three weeks.