Limerick murder trial enters final stages

The Central Criminal trial of a Limerick student accused of fatally stabbing a 59-year-old man has entered its final stages.

Mr Joseph 'Jody' Buston, 21, of Towerfield, Croom, Co Limerick, has pleaded not guilty to murdering Mr O'Donovan at St Senan's Terrace in the village in the early hours of November 4, 2006.

In his closing speech, Mr John Aylmer SC, prosecuting, told the jury of six men and six women that it was the Department of Public Prosecution's case that Mr Buston had murdered Mr O'Donovan when he was caught trespassing in Mr O'Donovan's house.

"The accused knew he was a trespasser in the house and did not say what his intention was being in the house."

Mr Aylmer said when Mr O'Donovan grabbed him by the arm and shoulder, Mr Buston did not have the right to use force to get away.

"The burglar is the aggressive one and he has to put up with being grabbed."

He said that footage of the accused crying in interviews with the gardaí shown to the court by the defence was simply a ploy to make the jury sympathetic towards the accused.

"You should not approach this case with considerations or sympathies for either party."

Speaking for the defence, Mr Brendan Nix SC told the jury that if he had wanted to make them feel sorry for his client he would have left the tape running for another ten minutes.

He said that the Buston family were decent people just as Mr O'Donovan had been. When Mr Buston's uncle found his abandoned clothes he brought them to the police. He also highlighted the fact that Mr Buston had not taken up his bail until his trial date had been postponed just before Christmas last year.

"Because he did not want to give offence to Liam's family by being out and about, he didn't want to add to their pain and suffering and he wanted to punish himself."

Mr Nix said that it was not surprising that Mr Buston had lied to gardai at first but had ultimately told the truth. "If what he says can reasonably be held to be true, then the only appropriate verdict is not one of murder but one of manslaughter.

Mr Justice Paul Carney is expected to finish his charge this afternoon when the jury will begin their deliberations.