Accused was provoked, murder trial told
Provocation is the defence in the case, Tom Creed SC told Mr Justice Paul Carney and the jury at the Central Criminal Court in Cork.
Timothy O’Driscoll, aged 34, from St Rita’s Avenue, Gurranabraher, denies a charge of murdering Lee McCarthy, aged 25, on April 17, 2010, at 12 St Rita’s Avenue.
Mr Creed said in his closing speech that the accused, the deceased and Stephen Monaghan were drinking together that night in a friendly way but something happened between 4am and 5.30am which left Mr McCarthy dead.
“Mr Monaghan said Timmy O’Driscoll snapped when Mr McCarthy said his father was in the UVF or the LVF and Timmy O’Driscoll said something about tiocfaidh ár lá indicative of some republican sympathies,” said Mr Creed.
“It is hardly likely you or I would be provoked by such a comment. But that is not how the law looks at provocation. We have to put ourselves in the mind of Timmy O’Driscoll.
“If the jury finds provocation, it merely reduces the charge from murder to manslaughter; the accused is not absolved.
“I am not going to insult your intelligence by saying you have to deliberate that he killed Mr McCarthy — it is quite obvious Mr O’Driscoll killed Mr McCarthy. What I am asking you to focus your minds on is whether you are satisfied there was provocation or whether provocation should apply or not.”
Mr Justice Carney said the provocation defence in the context of the accused’s anger and psychiatric issues was not the same as the insanity issue. The judge explained that if insanity was being put forward by the defence the trial would have proceeded along a completely different path.
“In so far as you are hearing about psychiatric history you look at the circumstances of the accused, not how a reasonable man would behave.”
The jury will retire to consider its verdict today.
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