Pathologist: Victim 'died from asphyxiation'

Siobhan Kearney died from asphyxiation due to neck compression a Central Criminal Court jury has heard.

Brian Kearney (aged 50) with an address at Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhan (aged 38) on February 28, 2006 - his 49th birthday.

Chief State Pathologist Professor Marie Cassidy told Mr Denis Vaughan Buckley SC, prosecuting, that Ms Kearney had shown signs clear signs of asphyxiation consistent with either low level hanging or ligature strangulation.

She said that Ms Kearney had a clear "tide mark" running around her neck, with the skin above the line left by the vacuum cleaner flex showing marked lividity compared to very pale skin below the mark.

Pin-point haemorrhages on the face and eyes were also typical of death by asphyxiation.

There was also deep bruising to the neck area and three separate fractures to the adam's apple, factors Professor Cassidy said was "more usually a factor suggestive of manual strangulation, less common in ligature strangulation and unusual in low level suspension".

She said the fact that nothing had been found around Ms Kearney's neck would suggest that either the noose had been removed after death or she had died as a result of ligature strangulation.

Even if the cable had broken during hanging it would be expected that the cable would still be around her neck or the end of the ligature still attached to the suspension point.

However, Professor Cassidy told defence counsel Mr Patrick Gageby that while it was uncommon to see injuries of this type in low level or high level hanging it was not out of the question.

She said the evidence from Dr Neal Murphy and Dr Michael Norton supported the theory of ligature strangulation by an assailant as the cable would have broken too quickly to cause death by hanging.

She said that in her experience of unsuccessful hangings, it would be expected for the person to fully recover within minutes, enabling them in some cases to inflict some other form of suicide.

The injuries to Ms Kearney's neck would have needed a prolonged period of hanging or for the ligature to remain constricted about the neck after death.

Prof. Cassidy described a possible scenario.

"She was assaulted while in bed, grabbed on the neck, rendered semi conscious at which point the ligature would have been applied, hastening her death."

She said that Ms Kearney had some bruises on her lower body which could have been caused in a struggle with an assailant and would have been consistent with ligature strangulation.

She said that the time of death was estimated to be first thing in the morning of February 28, at some time between 6am and noon.

She stressed that these times were merely a guide since it was impossible to determine what environmental factors could have affected the temperature of the body between the time of death and the post mortem at 10pm that evening.

She agreed with Mr Gageby that it was possible that Ms Kearney was still alive at 7.55am on the morning of her death.

The trial continues on Monday afternoon before Mr Justice White and the jury of eight women and four men.