Prosecutor says accused pair 'acted in common design'

Two men accused of murdering a Cork man after a drink-fuelled argument acted in common design to kill or seriously injure the victim, a murder trial jury heard today.

In his closing speech , Mr Paul Green BL prosecuting said "at least one of them was aware they were in possession of a weapon that would cause serious harm" to the victim, Mr Noel McCarthy.

Mr Keith O’Donovan, aged 29, of Spriggs Road, Gurranabraher, Cork and Mr James Hourigan, aged 32, of Harbour View Road, Knocknaheeny, Cork have both pleaded not guilty to the murder of Noel McCarthy, aged 28, on May 4 2000 at his home at Spriggs Road, Gurranabraher, Cork.

Counsel told the court that Keith O’Donovan had "made no bones that it was he that administered the fatal blow".

Mr Greene asked the jury to consider also the evidence of the deceased’s mother, Mrs Mary McCarthy, who testified that she was struck by James Hourigan’s "menacing presence" while he held an object she described as a hacksaw.

Mrs McCarthy was a credible and truthful witness, counsel submitted.

Summing up on behalf of James Hourigan, Mr Thomas Creed SC said there was no doubt that Keith O’Donovan stabbed the deceased and that Mr Hourigan was there.

But "did James Hourigan know Keith O’Donovan had a knife before he left the house?" he asked. If not, he could not be guilty of murder, he submitted.

He said blood on Mr Hourigan’s clothes found to be that of the deceased could be explained by the earlier altercation in which he admitted hitting Noel McCarthy with a beer bottle.

The common denominator in the case was that everyone had drunk copious amounts of alcohol, Mr Creed told the jury. Maybe there was a "salutory lesson" to be learned. However, this does not excuse what happened, he added.

If the jury had the slightest doubt about the guilt of James Hourigan, they should not convict, the defence submitted.

The trial continues tomorrow with closing speeches.