Man found not guilty of Dublin murder

A Dublin man with ten previous criminal convictions was found not guilty of murder but guilty of manslaughter, at the Central Criminal Court today.

Thomas Murphy (aged 25), of Wellview Avenue, Mulhuddart, Dublin 15, had pleaded not guilty to the murder of Mr Jason Tolan (aged 24), of Riverview Park, Swords, Co Dublin, on November 11, 2003 at the Shanty Field, Church Road, Mulhuddart, Dublin.

Deliberating for two hours and 47 minutes, the jury of eight men and four women delivered the unanimous verdict of not guilty of murder, but guilty of manslaughter.

Mr Justice Paul Carney remanded Murphy in continued custody until sentencing on July 25.

Sergeant Liam Kelly was called to give evidence on the character of the accused. The court heard that Murphy had 33 previous convictions, ten of which were criminal and included damage of property, larceny and robbery. The most recent conviction was in November 2001.

During the five-day trial, the court heard that Murphy had successfully completed a drug rehabilitation programme prior to returning home, just days before the killing occurred.

The accused had been carrying a sawn-off shotgun around for three days "for protection" for him and his family. Murphy's father, Mr Thomas Murphy Sr, had contacted gardaí the morning of the incident, saying he feared for the safety of his family.

The court heard that the younger brother of the accused had been victimised by the gang and that the family was threatened. Mr Murphy Sr said the most recent incident took place a few months ago, when he was home late watching tv and a shotgun was fired in through the sitting room windows, shattering glass on him.

Detective Garda Bernard Connaughton had told the court that a local gang of criminal youths were "greatly feared" in the Blanchardstown area at the time and that this gang was capable of violence and torture. He said the deceased was "loosely associated" with the gang.

Around 3.30pm on November 11, the accused went to the Shanty Field, carrying the single-barrelled loaded shotgun. He said he did not know Mr Tolan was there at the time.

In statements read to the court, the accused said Mr Tolan approached him. "I knew he was going to make a dive at me."

The accused agreed with the interviewing officer, Sergeant Thomas Murphy, that he and the deceased were "serious enemies".

"I panicked, I went into shock, I just pulled the trigger," he said. "I had no intention of killing him."

The court heard that Murphy had reloaded the shotgun after shooting Mr Tolan. A witness, Mr Michael Ruth, said the deceased "jumped on" the accused after he was shot.

Another shot went off in the air, the court heard.

State pathologist Dr Marie Cassidy said Mr Tolan died from "a single gunshot wound to the leg" and bled to death from the injury. He was pronounced dead at 5pm that afternoon.

Murphy had gone voluntarily to Blanchardstown garda station early the next morning, accompanied by his parents, who hugged him and told him to "tell the truth".

Ms Isobel Kennedy SC, defending, said the accused told gardaí everything – "good, bad and indifferent".

Murphy told gardaí: "I didn't mean to kill him. I only meant to warn him away from threatening my family. I've ruined my life, haven't I?"