Car driven into sea ‘used as instrument of murder’ by accused

A Central Criminal Court jury has been told that a car driven into the sea in 2013 was used “as an instrument of murder”.

The prosecutor was giving his closing speech yesterday in the trial of a woman accused of murdering a colleague by driving him into a harbour, where he drowned.

Marta Herda, aged 29, of Emoclew Rd, Arklow, Co Wicklow, is charged with the murder of Csaba Orsos, 31, on March 26, 2013.

The 29-year-old Polish waitress has pleaded not guilty to murdering the Hungarian man at South Quay, Arklow.

Brendan Grehan, prosecuting, said the prosecution’s contention was simple and straightforward — that Ms Herda had deliberately driven into the water.

“Whether she did it on the spur of the moment or thought about it beforehand is irrelevant,” he said, explaining that the intention for murder could be formed at the time.

“Someone overheating, losing the run of themselves, can commit murder.”

He said the prosecution case relied to a large extent on circumstantial evidence.

“In this case, it’s the prosecution’s contention that a car driven into the sea was used, in effect, as an instrument of murder,” he said.

He said CCTV evidence showed Ms Herda’s car driving from the direction of her home towards the area where Mr Orsos lived at around 5.30am. It was not in dispute that Ms Herda was the driver and was alone.

“[She’s] driving slowly, doesn’t appear to be driving dangerously,” he said.

He noted that an eyewitness said the woman was on the phone and animated.

He said the next footage was captured at 6am near the lifeboat station. It showed a woman from the direction of the harbour wall.

He said phone evidence showed Ms Herda rang Mr Orsos three times that day.

“She’s last on the phone to Csaba Orsos at 5.37,” he said.

He noted that a nightwatchmen heard a car driving at speed on the quays around 5.50am.

“Within a very short piece of time, 15 minutes at tops, maybe even less, she’s speaking to him by phone and he’s in the water, never to come back,” he said. “That timeframe is very important.”

Mr Grehan said a brake mark, 13’ 6” long, was found at the scene.

“It was brought about as the result of a hand brake applied in the car,” he said. “We don’t know who applied the handbrake, but we do know that it, like in most cars, was between the passenger and driver seat.”

He added that Ms Herda was a good swimmer and knew that Mr Orsos could not swim.

He said the prosecution case was that Ms Herda acted with deliberate intent when she drove off the pier and asked for a verdict of guilty of murder.

The jury will hear from the defence this morning.