Jury unable to decide in student’s murder trial

A jury has failed to reach a verdict on whether a 20-year-old is guilty of murdering a German student, having already found him guilty of assaulting another in the city a year and a half ago.

Thomas Heinrich and Robert Rinker were stabbed on St Anthony’s Road, Rialto, on December 1, 2012. Mr Rinker survived, but Mr Heinrich, aged 22, died.

Wesley Kelly, aged 20, of St Anthony’s Rd, had pleaded not guilty to murdering Mr Heinrich and to assault causing harm to Mr Rinker. On Monday, a jury in the Central Criminal Court found him guilty of assault by a majority 11-1 verdict but continued their deliberations in respect of the murder charge.

Mr Kelly’s co-accused, a 17-year-old youth, who could not be named because of his age, had also denied the charges but was found unanimously guilty on both counts by the jury.

Yesterday, after deliberations over four days, the jury failed to reach a majority verdict in respect of the murder charge against Mr Kelly. The foreman of the jury confirmed to Mr Justice Barry White there was no prospect of them reaching a unanimous verdict.

The judge thanked the jury for their service and said these matters were for the individual conscience of each jury member.

There was no reaction from the accused as the verdict was read out.

It was the State’s case that both accused had gone looking for a fight and were being prosecuted on the basis of joint enterprise.

The 17-year-old said he was walking past the apartments in the early hours of the morning when someone had thrown a can of beer at him. The court heard he went to get Mr Kelly telling him he had been attacked.

Aileen Donnelly, defending Mr Kelly, told the jury in her closing speech that if he was acting in self-defence he was entitled to an acquittal.

“At most we have a group of young men brandishing knives out of some sort of bravado,” said Ms Donnelly.

She said Mr Kelly wanted to leave before the fatal wound was inflicted on Mr Heinrich and that his co-accused’s garda interviews supported this.

Mr Justice White remanded both of the accused on continuing bail until June 23 for sentencing. The 17-year-old will be sentenced on both counts while Mr Kelly will be sentenced on the assault charge.