Jury retires in postmaster-shooting trial

A jury hearing the trial of a Chinese national who shot and killed a Kilkenny postmaster following a robbery has retired to consider its verdict at the Central Criminal Court in Dublin.

Shu Shen, formerly of The Old Rectory, New Ross, Co Wexford admits the manslaughter of Alan Cunniffe, 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, 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.

The jury of six men and six women retired at 11.09am but were called back briefly so Mr Justice Paul Carney could restate his directions to them on drawing inferences.

He said where the jury could draw two conclusions of equal probability the accused was entitled to the inference most favourable to him.

He told the jury they had two possible verdicts; they could find Shen guilty of murder or, not guilty of murder, but guilty of manslaughter.

Counsel gave their closing speeches to the jury on Friday, Mr Paul Coffey SC for Shen saying 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 meant “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.