The Central Criminal Court jury in the trial of a south teenager accused of murdering another teenager outside his house on Waterloo Road have been sent to a hotel for the night after almost two hours deliberation.
Finn Colclough (aged 18), with an address at Waterloo Road, Dublin 4, denies the murder of student Sean Nolan at Waterloo Road in the early hours of May 26, 2007 but guilty of his manslaughter.
In her closing speech Ms Mary Ellen Ring SC, prosecuting told the eight men and four women that Mr Colclough had a plan when he picked up two knives from the kitchen of his home and ran out shouting at Mr Nolan and his friends to get away from his house. She said that this meant he was guilty of murder.
Ms Ring said that there had been a suggestion made that Mr Nolan had started the fight because he stepped up to Mr Colcough “some would say foolishly, some would say bravely”.
She said that it would have only taken a second to drop the knives when he went to push Mr Nolan away from him when a brief scuffle broke out. She told the jury that what had happened was not an accident. “This man did make choices.”
“Mr Colclough had knives, Mr Nolan had nothing and therefore inferences he was defending himself, that isn’t what this case is about.”
Speaking for the defence, Mr Patrick Gageby SC told the jury that the prosecution was asking them to believe that Mr Colclough had a plan which he had only formed a second or two before he stabbed Mr Nolan.
He told them: "Doesn’t that smack of classic juvenile irrationality, lack of foresight-type stupidity you expect unfortunately from a minority of young men.
Mr Gageby told the jury that if they had any reasonable doubt they should not find Mr Colclough guilty of murder. He told them that witness evidence, forensic evidence and Mr Colclough’s own account of the incident all backed up the idea that Mr Colclough had not meant to kill Mr Nolan.
Charging the jury, Mr Justice Paul Carney told the jury they could return one of three verdicts; guilty of murder, not guilty of murder but guilty of manslaughter or not guilty.
The jury will resume their deliberations tomorrow morning.