'Lack of evidence' in postmaster shooting trial

A jury hearing the trial of a Chinese national who killed a Kilkenny postmaster following a robbery, has been told there is an absence of evidence to prove he deliberately pointed and fired the gun which killed the man.

Shu Shen, formerly of The Old Rectory, New Ross, Co Wexford admits the manslaughter of Alan Cunniffe, aged 32, on December 8, 2006, but he denies his murder.

Mr Alex Owens SC, for the Director of Public Prosecutions, said the DPP would not accept Shen’s manslaughter plea.

Shen, aged 25, has pleaded guilty to stealing money over the value of €13,000 from the post office on John’s Green in Kilkenny and being in possession of a firearm with intent to commit robbery in relation to the same incident.

A jury of six men and six women, in the Central Criminal Court at Dublin, heard closing speeches from counsel yesterday but will not retire to consider their verdicts until Monday.

Mr Paul Coffey SC for Shen said there was no evidence to suggest Shen deliberately pointed the gun at Mr Cunniffe and fired it.

During the trial the court heard evidence from postal clerks who said Shen said “no harm” and appeared an “amateur after a few bob.”

Postal clerks Heather White and Breda Cahill said Shen told them “thanks” as he left the post office on John’s Green with nearly €15,000.

Other witnesses gave evidence that, as they saw Mr Cunniffe chasing him, the pair stopped up to three times where witnesses said Shen waved the gun at Mr Cunniffe.

“If it was his intention to use the gun to prevent contact or prevent Mr Cunniffe from grabbing the bag you would have thought he would use the gun before this happened,” Mr Coffey said.

Mr Owens said the prosecution case was, at the time the gun went off, Shen intended to cause death or serious injury to Mr Cunniffe.

Shen deliberately shot Mr Cunniffe in the abdomen, the obvious result being he would suffer serious injury or die, Mr Owens said.

“Mr Shen had a choice in this matter. He had a choice whether he was going to shoot Mr Cunniffe or going to give Mr Cunniffe back the bag. That is the start and end of the case as far as the prosecution is concerned,” Mr Owens said.

He said Shen admitted he had altered the air pistol to take .22 rounds and the gun was loaded and cocked.

“This is a discharge of a firearm by Mr Shen in order to get away. It was not an accident,” Mr Owens said.

Mr Justice Paul Carney will complete his charge to the jury on Monday morning.

The trial continues.