Cork murder trial adjourns for night

The jury in the trial of a 31-year-old Cork man accused of murdering one of his neighbours retired to a hotel last night after failing to bring back a majority verdict.

Mr Justice Paul Butler sent the six men and six women to a hotel to relax for the night after they had deliberated for more than three hours on whether or not Mr Keith O’Donovan (aged 31) is guilty of the murder of Mr Noel McCarthy (aged 28) at his home on Spriggs Road, Gurranabraher, Cork city on May 4, 2000.

He had directed them to bring back a majority verdict after they had failed to bring back a unanimous verdict after two and a half hours.

Mr O'Donovan, also of Spriggs Road, Gurranabraher, Cork city, pleaded not guilty to murder but guilty to the manslaughter of Mr McCarthy and used the defence of provocation.

The jury are expected to resume their deliberations at 10.30am this morning.

Yesterday, they heard closing speeches from Mr John Edwards SC, prosecuting, and Mr Blaise O’Carroll SC, defending.

Mr Edwards told the jury they had to look at the case with "a great deal of suspicion because it is easy for someone that is charged with murder to use the defence of provocation in a self-serving way".

He told them they had to ask themselves if Mr O'Donovan's plea of provocation was "self-serving or is it genuine". Mr Edwards also told them to consider whether Mr O'Donovan's tears in the witness box yesterday were "crocodile tears for your benefit".

The accused told the jury on Tuesday that he was "like a volcano erupting" in a "moment of madness" the night he stabbed Mr McCarthy.

The jury heard evidence from the victim's mother that he bled to death in the hallway of her home after Mr O'Donovan called to the door and stabbed him in the groin.

On behalf of the accused, Mr O'Carroll told the jury that in the particular circumstances surrounding Mr O’Donovan "the least little thing can cause an explosion of almighty proportions".

He recalled how Mr O’Donovan had received "terrible beatings" from his father and had moved out of the family home at 13. He told them the accused had been living with his partner and son and had only moved back into the O’Donovan family home the day before the assault on Mr McCarthy.

"Nobody was ever able to put the genie back in the bottle," he said, after describing a row between the accused and the deceased on the night in question.

"Keith O’Donovan ought to have gone home when he was told he was not allowed into the McCarthy home," he said, but added that this could only have happened "in a perfect world".

Mr O’Carroll said the stab wound to the groin of Mr McCarthy "almost went into a safe area...If the knife had gone in a few centimetres in either direction it would not have been a fatal injury".