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BreakingNews.ie
02-07-2025
- BreakingNews.ie
Murder accused acted in self defence when he fatally stabbed his aunt's partner, court told
A murder accused was acting in self defence when he fatally stabbed his aunt's partner, who was prone to "rage and violence" and who the defendant was "absolutely right" to call "a complete lunatic", a defence barrister has told a Central Criminal Court jury. 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. Advertisement 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. Advertisement 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. Advertisement 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. Advertisement 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". Advertisement 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. Ireland McGregor appeal material to be referred to DPP ami... Read More 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.
BreakingNews.ie
01-07-2025
- BreakingNews.ie
'Knife buried to the hilt': prosecution rejects Kildare murder accused's self-defence claim
A murder accused "buried" a knife "to the hilt" while fatally stabbing his aunt's partner and his account of giving "a few jabs to the stomach" in self defence does not accord with the pathology evidence, a prosecution barrister has told a jury. Brendan Grehan SC, for the Director of Public Prosecutions, gave his closing speech in the trial on Tuesday, submitting that the deceased's remains were "the silent witness" in the case. Counsel said the injuries sustained from "almost top to toe" told a different story compared to the one "peddled" by the accused. Advertisement 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. 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. In his closing speech today, Mr Grehan told the jury that the accused told the "first of many lies" when he informed emergency responders that "two fellas in black balaclavas" had attacked Mr Jackson. Advertisement The lawyer said Mr Kearney was also "quite prepared to pedal" a lie that he had tried to render first aid to Mr Jackson but abandoned this when he was challenged by gardaí, instead telling them that he was leaving the apartment when his aunt returned. Mr Grehan said the man who now insisted he was the victim had given a huge amount of detail to the first garda at the scene. "Here he is minutes after, able to give a detailed description to potentially send gardaí on a wild goose chase; the first of a number of lies". Counsel said Mr Jackson was a cancer survivor and most probably an alcoholic but neither of those things had killed him. "He was killed because of the actions of Mr Kearney". The lawyer said the first time Mr Kearney had presented "what appeared at first blush to be the defence of self defence" was at 6.21pm on February 9th, when he told gardaí he had to stab Mr Jackson as "he kept coming back at" the accused. Advertisement Mr Grehan told the jury that the accused had said in garda interviews that Mr Jackson was "coming at him" in the kitchen and had to give him "a few jabs" into the stomach. The barrister submitted that this was not what had happened because of the objective evidence given by State Pathologist Dr Sally Anne Collis. He added: "Mr Jackson's remains are the silent witness in this case in terms of the medical examination by Dr Collis. They tell a different story compared to the one peddled by the accused". Mr Grehan said the expert witness had detailed 16 separate sharp force injuries on the deceased's body, of which 15 were stab wounds. He said there were injuries from "almost top to toe" on Mr Jackson and "not a couple of jabs into the stomach, that isn't what was found". Counsel said Mr Kearney had a tiny cut to his baby finger. "That's effectively it, this man had been in a knife fight, it's quite extraordinary". Advertisement In contrast, Mr Grehan said, the longest stab wound which "tracked" into the deceased's chest measured 17cm in depth from a 12cm knife blade. Counsel said Dr Collis had explained this could arise from a body moving but the lawyer submitted "whatever way you look at it, the knife had gone a long way in". Mr Grehan said the pathologist had also pointed out that because of his very high level of intoxication, Mr Jackson would have had limited awareness of the severity of his injuries and a limited ability to defend himself. Counsel said the accused had identified a number of incidents he had with Mr Jackson in the past, where he said the deceased assaulted him with a pint glass and his fist. Mr Kearney, he said, was quite adamant that the deceased was a violent man with mental health problems, who beat his partner Breda Kearney. "Breda Kearney said that wasn't so but it might explain why Mr Kearney might have some animus or hostility towards Mr Jackson". Advertisement Mr Grehan said Mr Kearney had stabbed Mr Jackson "all those number of times from head to toe" in circumstances where he could only have intended to cause serious injury if not death to the deceased. He said Mr Kearney told gardaí he had the knife in his right hand and said Mr Jackson was in front of him. "How do you stab someone in front of you, facing you, in the place Mr Jackson had been stabbed, you might ponder that. I'm suggesting it simply does not appear to be possible". Mr Grehan said "memory man" Mr Kearney, who was able to give "chapter and verse" of so many things that happened that day had got amnesia in his last interview with gardaí. The barrister asked if Mr Kearney had an explanation to justify what had happened, why wasn't it the first thing out of his mouth, "telling everyone he came across instead of making up a story of men in balaclavas". In summary, Mr Grehan said the accused had done this to cover up his "vile deed" and the violence he had unjustifiably inflicted on Mr Jackson. "Why isn't he taking ownership of the knife on the sink? Because it's been washed. And why do you do this? Because you don't want to leave evidence if heading out the door and leaving," counsel said. Mr Grehan said the "few stabs into the stomach" didn't accord with the pathologist's evidence and in particular the two fatal wounds to the chest. "That knife was buried and to use the last words of the pathologist - "to the hilt" - with these two injuries, to penetrate as far as it did, 16cm and 17cm into the body". In those circumstances, Mr Grehan asked the jury to return what he said was the correct verdict of guilty of murder. Defence counsel Michael Bowman SC began his closing speech by addressing the words "buried up to the hilt" as used by the prosecution. He described this as a "bold statement" that was 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 Dr Collis' evidence was that other wounds to the deceased were superficial. The trial continues tomorrow before Mr Justice Paul Burns and a jury of three men and nine women, when Mr Bowman will continue giving his closing speech.
BreakingNews.ie
30-06-2025
- BreakingNews.ie
Gardaí tells murder accused him stabbing man to death in self defence does not make sense
Gardaí told a murder accused that his account of stabbing his aunt's partner to death in self defence did not make sense and put it to him that he had stabbed the deceased in the back, washed the knife and cleaned his hands, a jury has heard. The defendant Ryan Kearney (39) told gardaí that he was "a lover not a fighter", the trial also heard on Monday. Advertisement Mr Kearney, 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. 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. "It was either going to be me sitting here today or him sitting here today," the accused told officers. Advertisement A state pathologist has given evidence to the jury 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. In his last interview on February 10th, 2024, gardaí asked Mr Kearney about telling the first garda who arrived at the scene that two men wearing balaclavas had come into his aunt's apartment and that one of them had begun to stab Mr Jackson. The accused said he wasn't in his "right frame of mind" and didn't know what he was saying. "I was in shock...I have never seen any person actually die in my hands and I just didn't know what to say. I didn't know what to do". He continued: "I was scared and afraid and thought I was going to die that night myself". Advertisement Mr Kearney said he had defended himself and stabbed Mr Jackson but "didn't murder him". "Jeff is my friend, like there was no intentions of murder". The accused said as Mr Jackson came at him, he grabbed the knife and got it off him. Mr Kearney said he had first stabbed the deceased "around the abdominal". "Why did you keep stabbing him?" pressed gardaí. "Because he kept attacking me," replied the accused. "Why did you keep going, how long between first and second?" asked the gardaí, to which the accused said "milli seconds". Advertisement Asked had he taken "a break" between the stabbings, the accused said he hadn't. Gardaí put it to Mr Kearney that the deceased had 14 stab wounds, which they described as "a lot". The accused said he didn't remember. Detectives also put it to Mr Kearney that he had stabbed the deceased in the back. "I don't remember," said the accused. Officers told the accused that this was "not self-defence" and that he had stabbed Mr Jackson in the back. The accused told them to check "the drawer for fingerprints". Advertisement "When he fell back on the couch you continued to stab him?" asked the gardai, to which the accused said he didn't remember. Gardaí put it to the accused that he had then washed the knife and cleaned his hands. Asked why he had cleaned the knife, Mr Kearney replied "does that make a difference". "Your story is not making sense, you stabbed him in the legs when he was standing?" said gardaí. "I couldn't do it when he was standing, I was in a daze," replied the accused. Gardaí told the accused that he had gone to the sink to wash the knife. "There would still be blood on it if I washed it," said Mr Kearney. Asked to explain "the one in the back", Mr Kearney said he didn't "want to live, it all happened so quickly. I don't know how it all happened. There in body not in mind....I was in fear. Maybe he would come back. Not going to tell porkies". The accused told gardaí the incident had "just happened in seconds" and the "last thing I would be thinking about is stabbing somebody. I'm a lover not a fighter". "I'm not risking doing a lengthy sentence for somebody like him," concluded the accused. Under cross-examination, Detective Garda John Faherty agreed with Michael Bowman SC, defending, that his client was a functional alcoholic, who had no previous convictions for violence or possession of implements or knives. The detective also agreed that Mr Kearney had spoken about a history of difficulty between him and the deceased, including two incidents where Mr Jackson had broken his hand and an earlier incident where the deceased "broke a pint glass on" the accused's head. Mr Bowman put it to the witness that it was beyond dispute that Mr Kearney had come up with what was referred to as "a cock and bull story" of people having come into the apartment that day. Det Gda Faherty said the accused accepted in his interviews that he had "come up with this story" and "had made it up". Ireland Former An Post employee (39) stole cash from cards... Read More The witness agreed that the accused had used window spray or window cleaner to clean the knife and not bleach or detergent. The detective also agreed that the knife appeared to be washed or wet. In his opening speech, Brendan Grehan SC, prosecuting, told the jury that evidence of the 16 separate knife injuries suffered by Mr Jackson during what the prosecution say was a "ferocious attack" in the apartment did not fit with Mr Kearney's account of having stabbed the deceased in self defence. The prosecution has now completed its evidence in the trial. The trial continues on Tuesday before Mr Justice Paul Burns and a jury of three men and nine women.
BreakingNews.ie
27-06-2025
- BreakingNews.ie
Man (50s) died after sustaining 16 knife injuries, one of which was 17cm deep, trial hears
A 50-year-old man who was more than eight times over the legal drink driving limit died after sustaining 16 separate knife injuries, one of which was 17cm in depth, a pathologist has told the Central Criminal Court. 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. Advertisement 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. 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. "It was either going to be me sitting here today or him sitting here today," the accused told officers. State pathologist Dr Sallyanne Collis today told Brendan Grehan SC, prosecuting, that she conducted a post-mortem on Mr Jackson's remains at Naas General Hospital in Co Kildare on February 9th, 2024. Advertisement The expert witness said there were at least 16 separate sharp force injuries to the deceased. One of those sharp force injuries was a stab wound on the left temple area within the hairline, as well as a stab wound to the right cheek. Other sharp force injuries included one to the lower right side of the chest, which terminated in the liver and a sharp force injury to the back of the right shoulder. There was an irregular force injury cut between the left thumb and index finger. The witness testified that there were two stab wounds to the back of the right upper thigh. Another stab wound was to the left calf, with a track depth of 7cm. Dr Collis said two stab wounds to the upper right side of the chest had entered the chest cavity, one went into the aorta, and the other had punctured the right lung. Advertisement There were no stab wounds or knife injuries to the neck area. Having examined the liver, the witness said the deceased had drank excessively and had fatty liver disease. Asked what she could tell the jury about the level of alcohol, Dr Collis said it was more than eight times the legal drink driving limit. She said a toxicology report showed a very high level of alcohol and that Mr Jackson was acutely intoxicated with alcohol at the time of death. Dr Collis said death was not instantaneous and had allowed time for movement. She said the alcohol consumption would have impaired Mr Jackson's thought processes and movements. "It might be difficult to stand up, and he could be falling over as well," she added. Advertisement In her evidence, Dr Collis said the longest stab wound track measured 17cm in depth. The witness said Mr Jackson's cause of death was stab wounds to the chest with no contributory factors. She said the two stab wounds to the upper chest cavity were fatal; one which punctured the right lung and the other which went into the aorta. Under cross-examination, Dr Collis agreed with Michael Bowman SC, defending, that if someone is advancing it can result in a deeper penetrative wound. She also agreed that the deceased would still have been capable of independent movement for a period of time in the context of a struggle. Advertisement In re-examination, the witness agreed with Mr Grehan that in terms of the two injuries to the chest - the lung and the heart - one of those was to a depth of 17cm and the other 16cm. Ireland Boy (14) involved in attack on off duty Garda was... Read More Dr Collis confirmed that the blade of the knife found on the draining board in the kitchen of the apartment was 11.9cm in length. Mr Grehan put it to the witness that both fatal wounds were much longer than the blade. Dr Collis said the track was into the body and agreed that the entire length of the blade had to have gone in. In his opening speech, Mr Grehan told the jury that evidence of the 16 separate knife injuries suffered by Mr Jackson during what the prosecution says was a "ferocious attack" in the apartment did not fit with Mr Kearney's account of having stabbed the deceased in self-defence. The trial continues on Monday before Mr Justice Paul Burns and a jury of three men and nine women.
BreakingNews.ie
26-06-2025
- BreakingNews.ie
Murder accused said he took knife from aunt's partner and gave him 'a few jabs', trial hears
A murder accused told gardaí that he took a knife from 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. "It was either going to be me sitting here today or him sitting here today," the accused told officers. Advertisement 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. Detective Garda John Faherty on Wednesday agreed with Brendan Grehan SC, prosecuting, that the accused's garda interview had become "fairly free flowing" on the evening of February 9th. The accused told gardaí he had been a chef, to which Det Gda Faherty replied "Geez, a man of many talents. Jaysus". The accused went on to say: "Murder onto the list". Advertisement Mr Kearney said he had previously lived with his aunt Ms Kearney for two-and-a-half years in her two-bed penthouse apartment. He told gardaí he would stay there regularly but didn't live there and would go down "for a couple of days drinking". Mr Kearney said Mr Jackson had previously "boxed the head off" him and broken his hand. The accused said that when the deceased got "something into his head, he snaps" and "goes into mad rages". Referring to February 8th, Mr Kearney told gardaí that his aunt and Mr Jackson were drinking a bottle of vodka when he arrived at the apartment. He said Ms Kearney had given him a drink and Mr Jackson had started complaining "that's my drink and why you giving it to him". "I could tell he had a few drinks on him," he added. Advertisement The accused told officers his aunt said she would go and get "another bottle to keep the peace". He said when his aunt left the apartment, Mr Jackson "started going to me and all": "What are you coming down here and all for? We don't want you down here". The accused told the detectives he said: "Jeff, will you ever stop". "I wasn't arguing with him, he was arguing with me". Mr Kearney continued: "So then he started throwing digs and this started and we got into a scuffle and I thought it was over and done with, and then next of all, he went for the drawer and he got a knife". Advertisement "I think it was a black-handled knife, it wasn't even a big knife, it was only a small knife". "I seen him coming towards me and I said to myself 'I'm dead'. I said what am I going to do here. Whatever way I caught him with the knife, he had it in his hand, that's how I got cut, that cut on me finger and that cut there". The accused said he got the knife off Mr Jackson, but the deceased "kept coming towards" him. "He kept lunging at me and lunging at me and lunging at me". "I didn't know what to do and then in the end, I gave him a few jabs with it and he fell onto the sofa where he was found". Advertisement He added: "I didn't go out with any intention to kill him, to kill anybody or to do that kind of damage to anybody. I swear it was just..I was in fear for me life, honest to God. I thought he was going to kill me... I promise you I thought he was going to kill he just kept coming at me and coming at me. He was in a fit of rage like. He just snaps". "To see a man going like that in front of you, like, it's terrible. He got the knife out of the drawer and he was coming at me with the knife, so it was either going to be me sitting here today or him sitting here today". Earlier, forensic scientist Ms Sarah Fleming told Edward Doocey BL, prosecuting, that she examined a kitchen knife with a serrated blade and a black plastic handle, which was taken from the draining board in the kitchen of Ms Kearney's apartment. The witness said the knife's blade was 12cm in length and 1.5cm in width at its widest point. She said there was blood-staining on the handle of the knife, and the DNA profile obtained matched that of Mr Kearney. Ms Fleming said there was a mixed DNA profile obtained from the serrated edge of the blade. She said either the mixed DNA profile had originated from the accused and Mr Jackson or from two unknown persons unrelated to them. She said it was one thousand million times more likely if the mixed DNA profile came from the accused and Mr Jackson rather than if it came from two unknown persons. Under cross-examination, Ms Fleming agreed with Michael Bowman SC, defending, that his client's DNA on the knife's handle was consistent with the accused having made contact with it and transferring his blood from an open wound onto the knife itself. Garda Niall Geoghan told Mr Doocey he had photographed a number of injuries to the accused's body and torso. The witness said there was bruising on the accused's arms and lower back. Other injuries included a small cut to the centre of the head and on the little and index fingers. Ireland Man (39) told gardaí he stabbed his aunt's partner... Read More Under cross-examination, Gda Geoghan agreed with Mr Bowman that the accused had been touched with alcohol addiction since he knew him. The garda agreed that the accused had been charged with public order offences in the past, and when he was "on the drink" he wouldn't always attend court, and bench warrants would be issued. Gda Geoghan said he had taken responsibility for making sure Mr Kearney showed up to court and told the court the accused had been cooperative in their dealings and never violent. In his opening speech, Mr Grehan told the jury that evidence of 16 separate knife injuries suffered by Mr Jackson during what the prosecution say was a "ferocious attack" in the apartment did not fit with Mr Kearney's account of having stabbed the deceased in self defence. The trial continues tomorrow before Mr Justice Paul Burns and a jury of three men and nine women.
