Man found guilty of killing friend accidentally

A BRAZILIAN working in Charleville, Co Cork, was yesterday acquitted at the Central Criminal Court sitting in Limerick of murdering a fellow countryman.

By a majority verdict the jury found Jose Claudio Domingos guilty of manslaughter.

Mr Justice Paul Carney remanded Domingos in custody to the Central Criminal Court in Dublin until November 23.

Domingos, aged 44, with an address at Old Limerick Road, Charleville, had pleaded not guilty to the murder of Alberto Do Prado Oliveira, 47, on September 21, 2006.

The six-day trial before Mr Justice Paul Carney was told the two were very close friends.

On the night of the fatal stabbing they had gone to a party at the flat of two Brazilian brothers Dilmar and Lindomar Teixeira at Main Street, Charleville.

They played music and drank beer and Pingo, a strong Brazilian short drink.

Domingos claimed Alberto pinched his backside a number of times and he told him not to do that and to show respect. There was some jostling during which Domingos fell to the floor.

Lindomar Teixeira gave evidence of seeing Domingos pick up a knife from the table and stab Alberto.

They tried to stop the bleeding but Alberto died from a wound to the neck.

By the time the gardaí arrived, they had agreed between them that they would claim Alberto had committed suicide.

Lindomar said the following day he and his brother decided to tell the truth.

Domingos in evidence said Alberto came in contact with the knife when he moved towards him as though to hug him to make up after they had words.

He said the stabbing was an accident and he did not intend to harm Alberto.

Assistant state pathologist Dr Margaret Bolster said she was satisfied the fatal wound was caused by a knife shown to the jury which had a 30cm blade.

She said Alberto had suffered a fatal wound to the neck which penetrated downwards towards his chest, severing a major artery.

Dr Bolster said a second wound to his arm was a classic defence wound.