Son 'lost control' when father referred to sex abuse, court told

A Dublin man accused of murder "lost control of himself" when provoked by comments his father made about sexually abusing his sisters, a jury heard at the Central Criminal Court today.

Closing for the defence, Mr Brendan Grehan SC told the jury that the injuries inflicted by Mr Gary Waters on his father were "a frenzied attack" and consistent with someone who was provoked into "losing control".

"Consider the effect on Gary Waters of his father referring to his sisters in a flippant manner. His elder sister was like a mother to him," Mr Grehan SC told the jury. "Mr Waters was provoked by his father and in a frenzied attack stabbed him. The only appropriate verdict is not one of murder but of manslaughter," he concluded.

Mr Gary Waters (aged 31) denies the murder of his father Mr John Waters (aged 59) at his flat at Oliver Bond House, Dublin 8, on December 29, 2001.

Mr Waters was found lying in a pool of blood by firefighters shortly after midnight. A report from Dr Marie Cassidy, state pathologist, confirmed the victim died from 19 stab wounds to the neck.

Mr Gary Waters’ two sisters, who are not named, gave evidence in court yesterday of their father’s sexual abuse of them when they were children. They were not on friendly terms with their father at the time of his death.

In his closing statement for the prosecution, Mr Ciaran O’Loughlin SC said Mr Gary Waters "seemed to have attacked Mr Waters in the chair first".

"There were splashes of blood on the skirting board, indicating he was attacked again when he was lying on the floor. The defence of provocation does not allow for a cooling off period. You can’t attack in a passion and go away and come back again. He seems to have followed Mr Waters down to the ground," said Mr O’Loughlin SC.

"Nineteen stab wounds were inflicted on the most vulnerable part of the body. Why didn’t he use his hands? In all probability, the intention was to cause death," Mr O’Loughlin concluded.

The jury, consisting of only 11 people as one juror is ill, received instructions from Mr Justice Kevin O'Higgins this morning. The remaining seven women and four men are expected to reach a verdict on Mr Gary Waters this afternoon.