by Alison O'Riordan
A Central Criminal Court jury has found a Mulhuddart man who admitted stabbing a father-of-one three times not guilty of his murder but guilty of manslaughter.
During the course of the trial, prosecution counsel Vincent Heneghan SC, with Seamus Clarke SC, told the jury that Andrew Gibney (25) was part of a joint enterprise to murder Gerard Burnett (28) and he was one of five men who went to the deceased’s house on the night.
Counsel for the defence, Giollaiosa O Lideadha SC with Philipp Rahn BL, argued that if the evidence pointed to a reasonable possibility that Gibney intended to cause some harm to Mr Burnett short of serious harm, the appropriate verdict was manslaughter.
Gibney told gardaí that he stabbed the deceased in the side three times with a knife. The accused went to a garda station of his own free will a week after the killing and told officers: “I was involved in the incident, the chap is dead now and I need to give him peace.”
Chief State Pathologist, Professor Marie Cassidy, gave evidence that the deceased suffered 30 knife injuries, the majority being stab wounds. She testified that the fatal injuries were six stab wounds on the right side of Mr Burnett’s chest, all of which had penetrated deeply, causing internal injuries to his right lung, heart and liver.