Defence begins closing speeches in murder trial

The defence has begun closing speeches in the trial of two men accused of murdering a woman in her Cork flat.

In the Central Criminal Court today Mr Tom Creed SC for the accused Thomas Penkert told the jury this was a case "where a woman’s life had been taken for no apparent reasons."

Mr Thomas Penkert, (aged 20), and Mr Brian Walsh, (aged 24), are accused of the murder of Ms Nora Kiely, (aged 46), at her flat in Leitrim St., Cork city on July 15, 2002. They have both pleaded not guilty to the murder charge but pleaded guilty to the theft of less than €20 in cash and two items of jewellery from Ms Kiely on that date.

Mr Creed told the jury that Thomas Penkert "wanted to unburden himself of the burden of having seen this woman getting killed". But he said, while it may be "morally reprehensible that somebody is standing by and doesn’t intervene" that is not an offence.

"You have to keep going back to the question of intent. If there was no intent on the part of Thomas Penkert to kill or cause serious injury you must find him no guilty of murder, it’s as simple as that."

Counsel continued: "The callousness with which Nora Kiely was killed shocks me." He said Brian Walsh has admitted going into the flat, taking a flex from a lamp and putting it around her neck. "Only a mean and vicious person would do a thing like that," he added.

Counsel told the jury he did not know the extent of the sexual assault on Ms Kiely but the forensic evidence would suggest it was not "a violent sexual assault".

He reminded the jury that Brian Walsh had removed the deceased’s trousers and underwear and, in the presence of Thomas Penkert he "was feigning intercourse". Penkert left for a few moments and Walsh locked the door. "The forensic evidence would indicate that he [Walsh] must have had his penis" near Nora Kiely’s anal or vagina area. Nobody knows, he continued, exactly Walsh was doing during the time he was alone with Ms Kiely but he "had plenty of time opportunity to indulge in his own proclivity".

He reminded the jury that DNA analysis showed Thomas Penkert "was not involved in that - DNA had him ruled out completely".

The trial continues with defence speeches from Mr Blaise O’Carroll SC for Brian Walsh.