Jury in O'Dwyer trial to consider verdict on Monday
The jury in the trial of a 21-year-old Clare man accused of murdering his 17-year-old sister will return to the Central Criminal Court on Monday to consider their verdict.
Patrick O'Dwyer, then aged 19, of Shrohill, Ennistymon, Co Clare, pleaded not guilty to murdering his sister Marguerite, at the family home on November 29th 2004.
In his charge to the jury, Mr Justice Paul Carney said the real "battle ground" of the case was whether the accused was suffering from a mental disorder at the time of the killing.
In closing for the prosecution, Mr John Edwards SC, told the jury it didnât matter that the prosecution only called one medical expert when the defence called three.
He said just because experts believe something doesnât mean itâs right and that the jury had to assess the evidence for themselves.
He also said that apart from a diagnosis of mental illness, the prosecution and defence experts were "all saying the same thing".
âThat this was a misdirected suicidal attempt,â he explained.
He asked them to consider whether that was "triggered by a mental disorder" or "by the realisation that he had made an utter fool of himself in front of his peer group".
In closing for the defence, Mr Patrick Gageby SC, said the actions of the accused on the night of the killing "could not be the product of someone in the fullness of their mind".
âHave you ever heard of anyone trying to kill themselves by hitting themselves on the head with a hammer?â he asked.
He questioned evidence given by prosecution witness Dr Harry Kennedy who described misdirected suicide attempts as "common".
âItâs a very uncommon thing to kill someone you love for no good reason,â he said.



