Cork accused 'conscious and intelligent'

Two Cork men accused of beating a man into a coma who died nine months later were "conscious and intelligent about what they were doing", a murder trial heard during closing speeches today.

Addressing the jury, prosecuting counsel, Ms Mary Ellen Ring said in her closing speech that the "true verdict against Mr Paul Sheehan and the true verdict against Mr Ross Stapleton is a verdict guilty of murder".

Mr Sheehan (aged 21), The Glen, Cork and Mr Stapleton (aged 21) also of The Glen have pleaded not guilty to the murder of Mr Christian Scully (aged 28) Togher, Cork on October 17 2002.

Mr Scully was on a life support machine after he was set upon by youths at Sober Lane in the city centre in the early hours of January 28. He suffered a cardiac arrest nine months later and died on October 17, 2002.

Ms Ring, SC said that in the early hours of January 28, 2002 "Mr Sheehan tripped his friends' assailant and put him to the ground. That is at the moment where intention comes into the play. Two men were standing over Mr Scully".

"Mr Sheehan couldn't account for why they didn't just walk away. What we know is they continued to beat Mr Scully.

"When they stood over Mr Scully an intention formed. Mr Scully was dragged and left in a state where he was unable to help himself. He was left in a roadway used by cars, Mr Scully was left by Mr Sheehan and Mr Stapleton", Ms Ring, SC said.

Prosecuting counsel Ms Ring told the jury in the seventh day of the murder trial that we "accept drink is an issue in this case".

The prosecution case claims that Mr Sheehan and Mr Stapleton had the "wit on leaving Sober Lane to be concerned about their clothes", which were blood-stained, and to go to Mr Patrick Long's house.

"Mr Stapleton asked for his clothes to be washed and Mr Sheehan got other clothing", Ms Ring said.

"Are these the actions of men that were more sober than they care to admit?" Ms Ring,SC, asked the jury of nine women and three men.

Today defence counsel, Mr Brendan Nix acting on behalf of Mr Sheehan said his client had stood waiting for Mr Stapleton outside the Temple nightclub for over an hour and a half.

"What a pity, he didn't just go home. This is something he'll think about for the rest of his life," Mr Nix, SC said.

Mr Nix said he was "reminded of another case recently where someone waited outside a nightclub".

Mr Sheehan's intention "was to go back and help his friend. My client went away in an acknowledgement that he (Mr Scully) got a hiding, not that he killed him or caused him serious harm", Mr Nix said.

Mr David Godlberg, defence counsel for Mr Stapleton today said in his closing speech that his client was "cut adrift from society".

"Mr Stapleton is not a person who goes to work, he doesn't interact with society. He's homeless because of his drug abuse since he was 13-years old. He may not have a useful role model in his parents," Mr Goldberg, SC, said.

Mr Goldberg told the jury that "before the intervention of Mr Sheehan, Ross Stapleton and Christian Scully were lumbering at each other".

"If that had continued, we may not be here now", Mr Goldberg said.

Addressing the jury, Mr Goldberg said that "this is not a case of murder, this is a case of manslaughter".

Mr Justice Paul Butler will begin his direction to the jury tommorow.