Murder accused acted in self defence when he fatally stabbed his aunt's partner, court told
Michael Bowman SC, defending, asked the jurors to return a verdict of not guilty of murder, submitting that his client had not been the aggressor and had done no more than he believed necessary in the circumstances to defend himself.
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In his closing speech, Brendan Grehan SC, for the Director of Public Prosecutions, told the jury that the accused had "buried" the knife "to the hilt" in the fatal stabbing and that his account of giving "a few jabs to the stomach" in self defence did not accord with the pathology evidence.
Mr Grehan said the deceased's remains were "the silent witness" in the case.
Ryan Kearney (39), with an address at Loughnamona Drive, Leixlip, Co Kildare has pleaded not guilty to murdering Jeffrey Jackson (50) at The Lamps, School Street, Kilcock, Co Kildare on February 8th, 2024.
Mr Jackson's partner, Breda Kearney, has given evidence that when she returned home after a brief trip to the shop she was met by her bloodied nephew Ryan Kearney, who told her he had stabbed her partner in the neck and thought he was dead.
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In his Garda interviews, Mr Kearney said that he took a knife off his aunt's enraged partner after a scuffle and gave him "a few jabs with it", telling detectives that he had no intention to kill and was in fear for his life.
The state pathologist gave evidence that Mr Jackson was more than eight times over the legal drink driving limit and died after sustaining 16 separate knife injuries, one of which was 17cm in depth.
Defence counsel Michael Bowman SC began his closing speech on Tuesday by saying that "buried up to the hilt" was a "bold statement" divorced from the reality of the situation.
Mr Bowman argued that those words created an image of someone "driving in with tremendous force as far as the blade would go" but that the pathologist's evidence was that other wounds to the deceased were superficial.
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Counsel said the pathologist had acknowledged in any dynamic situation which unfolds, momentum can be coming two ways. He said a knife with a blade of 11.7cm had inflicted an injury of 16 or 17cm and not the image of a knife being "driven in" with tremendous force.
Mr Bowman on Wednesday said the two fatal injuries to the chest could have been sustained from two momentums coming together but that the prosecution wanted the jurors to accept that this was "a full blooded murderous assault".
The lawyer said the prosecution in its closing speech "went large" on lies told by Mr Kearney but beyond that it was difficult to ascertain what the State sought to prove beyond a reasonable doubt. He submitted that "the prosecution says as the accused breathes he lies".
Mr Bowman said his client had told lies and accepted that himself. He said whatever the accused was guilty of, it was not murder.
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Clearly, counsel said, Mr Kearney told gardai that Mr Jackson "came at" him in the apartment. He said the defendant's case is that Mr Jackson was capable of spontaneous violence with little or no trigger and uncontrolled aggression.
Mr Bowman said the deceased's wife Emma Farrell was a critical and crucial witness in the case, who had got away from Mr Jackson in circumstances where she feared for her life.
'Constant state of fear'
Ms Farrell told the trial that her husband Mr Jackson was an alcoholic who was physically abusive when drunk and that she had lived "in a constant state of fear" of being killed by him.
Ms Farrell also gave evidence that her husband's violence could "erupt spontaneously without any provocation" on her part and the deceased was "the type of guy who had no fear".
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Mr Bowman said Ms Farrell was necessary in the case not to put down a man who had passed away but to show jurors that Mr Jackson was capable of spontaneous violence with little or no provocation, which could be fatal.
Counsel said Ms Farrell had told the jury Mr Jackson was "the type of guy who had no fear", which he asked the jury to reflect upon. "Although Mr Jackson has been stabbed or jabbed he keeps coming. He is the sort of guy who has no fear and just keeps coming".
The lawyer told the jurors they would have to decide who was the aggressor in the case and, if they accepted it was Mr Jackson, it would be a matter of significance.
Mr Bowman said a person is perfectly entitled to defend themselves with lethal force if they honestly believe it is necessary. Counsel said his client had acted in self defence as a consequence of the deceased's unprovoked aggression.
He said Mr Jackson was prone to anger, rage and violence. He said the accused was absolutely right when he called Mr Jackson "a complete lunatic" in Garda interviews.
He said Mr Kearney was an alcoholic and it was accepted that whatever difficulties he had, he was not given to behaving in a manner involving violence and knives.
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He said the case boiled down to a poor decision made by an alcoholic who stabbed his friend to death and not anything close to justifying a murder conviction.
He said Mr Jackson had kept coming and lunging at Mr Kearney despite the defendant having taken possession of the knife. He said the deceased continued to approach the accused until his body gave up and allowed no more.
Mr Bowman suggested the appropriate verdict was not guilty of murder as the defendant was not the aggressor and did no more than he believed necessary in those circumstances to defend himself, which tragically took Mr Jackson's life.
Mr Justice Paul Burns will continue charging the jury of three men and nine women on Wednesday.
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