David Cully, aged 24, of Kilshane Rd, Finglas West, Dublin 11, is charged with the murder of Edward O’Connor, aged 41, at Ballycoolin Rd, Finglas West, on December 15, 2013.
On the opening day of the trial yesterday, Mr Cully was asked how he was pleading. “Not guilty of murder, guilty of manslaughter,” he replied. This plea was not accepted by the DPP.
Pauline Walley, prosecuting, told the jury at the Central Criminal Court that over the course of the trial they would hear that “there were difficult family circumstances that resulted in the killing”.
“You must decide when Mr Cully took the gun and shot Edward O’Connor in the back twice; did he intend to kill him or cause serious injury to the deceased? He has said he killed him in an unlawful manner but he did not intend to kill him or cause serious injury at the time. So behave coldly, impartially, do not allow sympathy or empathy to sway you in any way,” Ms Walley said.
The prosecution counsel said she must prove Mr Cully intended to kill the deceased and that he wasn’t provoked.
Ms Walley told how tension had arisen in the family by December 2013 as in 2012 another person had made an allegation against Mr O’Connor of sexual abuse.
The jury heard this was investigated by gardaí and the DPP had decided not to prosecute Mr O’Connor.
The trial continues today.