Fear ‘at the heart’ of case of inmate’s death, jury told

The lawyer for a man accused of murdering his fellow Cork Prison inmate by stabbing him in the chest, has told a jury that “fear is at the heart of this case”.

Tom Creed, defending, gave his closing speech yesterday in the trial of Brian Veale, aged 31, of Dominic St, Cork, who has pleaded not guilty to murdering Graham Johnson at Cork Prison, Rathmore Rd, Cork City, on May 16, 2015.

Mr Creed told the Central Criminal Court jury that the prosecution has to prove Mr Veale killed Mr Johnson “unlawfully” and, at the time of the killing, intended to kill or cause him serious injury.

Addressing the jury, Mr Creed said: “I’m not going to insult your intelligence and say that perhaps Mr Veale didn’t kill Mr Johnson.

“If you are satisfied that Mr Veale killed Mr Johnson, the issue you are looking at is intent and I suggest this will be your focus of debate in this case.”

There are a number of issues which will affect or “cast doubt” on that intent, he said.

Mr Creed told the court “fear” is an issue in a case of self-defence and “fear is at the heart of this case”.

The barrister said fear is an emotion caused by the threat of danger and/or harm and fear affects people in different ways.

“Fear may be appropriate or inappropriate,” he said.

The jury heard that if a man’s intention in doing an unlawful act was primarily to defend oneself, he should not be held to have the necessary intent to kill or cause serious injury.

Counsel drew comparisons between this case and the 2005 trial of Mayo farmer Padraig Nally, saying: “On the basis of those facts that jury brought in a verdict of guilty of manslaughter and not guilty of murder as fear was at the basis of that case.”

Mr Creed explained that while he was not saying this case was “on all fours with the Padraig Nally case”, it was fear that drove Mr Nally “to go out the road after Mr Ward and finish him off”.

He added: “I say you can consider that in this case.”

He said the case was not about “a trivial argument” over a remote control.

“You will understand that a prison is in a confined space,” he said. “We know that Mr Johnson imposed himself on Mr Veale and he left the area. The evidence is the accused was white with fear.

“The prosecution have to prove there was not an issue of self-defence in this case and I say they have not gone anywhere near to doing this. I suggest to you that there is only one reasonable verdict here and it is one of manslaughter.”

Tim O’Leary, prosecuting, said the defence of self-defence in the case was “conjured up”. He said: “There is overwhelming evidence that self-defence can’t possibly arise in this case.

“The knife was there, Brian Veale took it and killed Mr Johnson. I ask you to find the accused guilty of murder.”

Ms Justice Isobel Kennedy commenced her charge to the jury of seven men and five women and it will conclude this morning.