Jury deliberates on Dublin murder trial

The jury in the trial of a man accused of murdering a Google employee by fatally stabbing him following an altercation in the street is due to begin its deliberations tomorrow morning.

Dane Pearse (aged 22) of Londonbridge Drive, Irishtown, Dublin denies murdering Mark Spellman (aged 26) from Dalkey, on Londonbridge Road, Irishtown on August 4, 2007.

In his closing speech to the jury Diarmaid McGuinness SC, defending, told the jury that Mr Pearse accepted that "he and his knife caused the death of Mr Spellman".

Mr McGuinness said that the issue was "how that came about and what the accused man's level of culpability was".

He said the prosecution had to persuade the jury that Mr Pearse intended to kill Mr Spellman or cause him serious injury. The prosecution must also rule out that the incident was an accident or that Mr Pearse was provoked or that he had acted in self-defence.

The jury earlier heard that Mr Spellman and two male friends were walking home from a work night out when the deceased became involved in a confrontation with the accused who was heading home from the pub with his girlfriend.

Words were exchanged and Mr Spellman kicked the accused in the chest knocking him to the ground. Mr Pearse then went into his house and took a baton and a knife back outside and ran around a corner towards the men.

The jury heard that Mr Pearse ran at Mr Spellman and they fell through a gate into a garden. Mr Spellman suffered two stab wounds to his chest and abdomen and the accused received an injury to his arm.

Mr McGuinness told the jury that it must decide if Mr Pearse was a "cold-blooded killer with murder in his heart and mind", or whether he acted in self-defence or excessive self-defence or was so provoked that he lost control and was unable to restrain himself.

Mr Pearse's account of events was that he intended to frighten Mr Spellman and "froze" when the deceased did not run away. Mr Pearse told gardaí that Mr Spellman grabbed him by the collar and they fell into a scuffle.

Counsel said the incident was a huge tragedy and that sympathy must undoubtedly go to the family and friends of the deceased. He said there was naturally a great degree of revulsion towards anyone who had a part in bringing about the death of Mr Spellman but that the case must not be tried on sympathy or prejudice.

He said that from the moment Mr Pearse learned of Mr Spellman's death he freely admitted going back for the knife, "albeit with the intention of frightening Mr Spellman".

Mr McGuinness pointed to the testimony of Mr Spellman's friend, Finbarr O'Mahoney, who said it was "possible" that Mr Spellman had said: "come on, come on, let's have you".

He also drew the jury's attention to evidence that Mr Spellman removed his jacket and threw it on the ground.

Mr McGuinness said that Mr Pearse's actions in going home to get a knife led to "the most terrible thing happening" but said the jury must consider whether he had "murder in mind" or had "made an effort to frighten the men away and put an end to any potential threat to himself".

He told the jury it must assess the case from the point-of-view of the accused as he was on the night.

The jury heard three verdicts were open to it - guilty of murder; not guilty of murder; or not guilty of murder but guilty of manslaughter.

Mr Justice Paul Carney has charged the jury in relation to the law in this case and is expected to send it out tomorrow morning.