Kearney jury warned not to make early conclusion

The jury hearing the trial of Brian Kearney who is charged with murdering his wife Siobhan has been sent home for the weekend with a warning not to draw any early conclusions about what went on in the family’s home two-years ago yesterday.

Brian Kearney (aged 51), yesterday, 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.

Yesterday afternoon Mr Justice Barry White told the jury of eight women and four men legal argument in the case was not finished and they would not be required to return until Monday.

“I’m asking you at this stage not to be rushing to judgment of drawing any conclusions as to what happened in Mr and Mrs Kearney’s home this day, two-years ago.”

He also asked them to ignore media coverage.

“At the end of the day it’s the decision of the 12 of you and only the 12 of you.”

Yesterday the court heard evidence of the Kearney’s financial situation a forensic accountant telling the court Kearney had net assets of E5.1 million.

Accountant Toni Massey told the court there were borrowings of E844,456, against the family’s home in Goatstown with mortgage repayments totalling E15,300 a month for a home and garden the couple had built and the hotel, Hotel Salvia, the couple owned in Spain.

Kearney had received a letter from his bank telling him borrowing was “outside the usual lending criteria” which the court heard would normally fall within 40 to 45% of borrowing against his income. In his case the bank was lending 64%Ms Massey told the court.

Kearney had net earnings of €118,586 she said which over 12 months left him with an income of €9,882.

Ms Massey was questioned about the financial viability of Kearney’s situation.

“They needed to sell an asset to relieve the €850,000 that they had borrowed on the family home to build the house and the garden and if they had done that there would be no significant financial pressure, they would be mortgage free,” she said.

Under cross-examination from Mr Patrick Gageby SC Ms Massey was shown documents from Kearney’s family business Associated Electrical which she agreed showed two term deposits of €500,000 which supported the suggestion the company was selling property it owned and liquidating.

She said there was no question that company was profitable.

Had it been liquidated Kearney, who had a 25 percent share in the company, would have received €1.355 million although he would have to pay capital gains tax on it, Ms Massey told the court.

The court also heard from Garda John Phelan who searched the Goatstown home and found a blue 2006 diary in the hot press.

Mrs Kearney’s passport was wrapped in sheets under clothing on the top shelf.

“Behind the tank on the ground I found a diary,” he told the court. It had entries from January 27 until February 27.

Mrs Kearney’s sister Anne Marie Sparkes told the court “looking at these initial pages and subsequent pages this is the hand-writing of my sister Siobhan McLaughlin.”

She was asked if she meant the wife of Kearney to which she replied yes.

The Prosecution led by Mr Denis Vaughan Buckley SC closed its case yesterday.

Mr Gageby said the admitted facts were Kearney had no previous convictions and the hotel in Spain had been on the market since late summer in 2005.

The trial will continue on Monday.