Murder accused 'only possible person that put her on the fire'

The murder trial of a Donegal father-of-four accused of the murder of his estranged wife has heard in the State’s closing speech to the jury that he was the "only possible person that put her on the fire".

Mr Gary McCrea, aged 40, of Ballybulgin, Laghy, Co. Donegal denies the murder of his estranged wife Mrs Dolores McCrea, aged 39, of Ballintra, Co. Donegal, on a date unknown between January 20 and January 22, 2004.

It is alleged that Mr McCrea murdered his wife and the mother of his four children and then burned her body in a fire at the rear of the old family home.

Prosecuting counsel Mr Paul O’Higgins told the jury of three men and nine women that the case before them is one where "no one saw Dolores McCrea being killed".

"Dolores McCrea undoubtedly died and she died either in the fire or before the fire was started in Ballybulgin," he said. Due to the intensity of the fire Mr O’Higgins said "we have no way of knowing for certain" how she died.

Mr O’Higgins told the jury that the last person seen with Mrs McCrea was her husband and that the only rationale conclusion is that he is the "only possible person that put her on the fire".

The prosecuting counsel suggested to the jury that there was almost certainly an intention to kill on behalf of the accused man. But he said it was "impossible to say that Mrs McCrea was burnt alive".

"Either that happened or she came to her death in some other violent way and was then placed in the fire", he added.

"What terrible end Dolores McCrea came to on the night of January 20, 2004, that the only rational explanation is that she was killed by Gary McCrea and the circumstances were that he intended to kill or cause serious injury," Mr O’Higgins concluded in his speech to the jury.

Defence barrister, Mr Patrick Gageby told the jury that at the back of this was a "very unhappy family law dispute". There was an acrimonious break up which left two unhappy people and four children who were aged 18, 14, six and four at the time, Mr Gageby told the jury.

Mr Gageby told the jury that they needed to appreciate that the "battle lines" will be drawn in the family, the town-land and in the parish and they must bear this in mind in how people give evidence.

Mr Gageby urged the jury to separate the evidence from what is suggested the accused allegedly said to people. "In matrimonial matters, people can say the most hurtful things," he added.

The trial judge, Mr Justice Michael Hanna will begin his charge to the jury next Wednesday.