State pathologist questioned by link-up

HIGH on his pedestal like a doge, Mr Justice Paul Carney gave the nod for the satellite link to begin.

It was after lunch on day seven of the Wayne O’Donoghue murder trial and for the first time ever in a major criminal trial in Cork, a Dublin-based witness was cross-examined by live video link-up.

The face of Prof Marie Cassidy, State Pathologist, stared down from several screens hanging on the walls of courtroom number two as Blaise O’Carroll, SC, defending, began his cross-examination.

On three occasions, the link was lost, prolonging Mr O’Carroll’s already protracted style of questioning. He told Prof Cassidy he wished to explore the mechanism of asphyxia. On Wednesday, Prof Cassidy had given asphyxia, due to neck compression, as the cause of 11-year-old Robert Holohan’s death.

Mr O’Carroll highlighted differences in opinion between Professor Cassidy and State Pathologist in Northern Ireland, Professor John Crane, in relation to the significance of the injuries to Robert Holohan and how they had contributed to his death.

There was disagreement about the injuries to Robert’s mouth. The defence said Prof Crane said the injuries were “extremely trivial” and that there was “absolutely no evidence” to support Prof Cassidy’s finding that the injuries may have been caused by a slap or a hand over the mouth.

“I don’t know how they were caused, but they are an indication of trauma to the mouth,” she said.

Further disagreement emerged in relation to Prof Cassidy’s finding that marks around the rib cage could have been caused by compression. Prof Crane said there was no evidence that this was the case. The prosecution pointed out that Prof Cassidy, unlike Prof Crane, had the opportunity to examine the body. Prof Crane will give evidence for the defence today. The prosecution case finished yesterday. Both sides agreed there was no struggle in the run-up to Robert’s death.

It was a long day in court. Before lunch, a video of the accused, sporting a baseball cap and identifying various exhibits to the gardaí, was shown. Statements were read from neighbours of the Holohan’s and the O’Donoghue’s. Mrs Rose Harte, whose daughter Heather was very friendly with Robert, spoke of how both children would call next door to the O’Donoghue household.

“Wayne was the most tolerant of the three sons of the two kids,” she said. “They thought he was a great fellow.”

Majella and Mark Holohan, Robert’s parents, listened intently as phone records of all calls made by the accused on January 4, the day Robert was killed, and in the early hours of January 5, were read out in court. Wayne’s parents looked on from the public gallery, supported by Wayne’s girlfriend Rebecca and her father Richard. Ivan O’Flynn, a radio engineer with O2, gave an account of how mobile phones can be tracked before the court wrapped up for the day.