Murder trial jury begins deliberations

The jury in the trial of a man and woman accused of murdering a taxi driver in Blanchardstown last year began its deliberations at the Central Criminal Court tonight on day 12 of the trial.

Carlos Byrne (aged 23) and Lindsey Fahy (aged 26), both of Linnetsfield Square, Clonee, Co Meath, have denied murdering Mark Smyth (aged 31) in front of his girlfriend and young child at Fortlawn Avenue on March 18, 2008.

The jury heard that Mr Smyth was stabbed 43 times by Mr Byrne in a row over drug money. Mr Smyth had gone to Mr Byrne and Ms Fahy’s home in his taxi. He was looking for money from Mr Byrne and had his partner and son in the front passenger seat.

Mr Byrne and Ms Fahy armed themselves with knives and asked to be driven to the estate which Ms Fahy was from. When the taxi stopped Mr Byrne attacked Mr Smyth with a knife and Ms Fahy stabbed him once. Both accused told gardaí that Mr Smyth had pulled out a gun but it is accepted by the defence that that was not the case.

The attack spilled out on to the street where Mr Byrne continued to stab Mr Smyth until he fell to the ground.

In closing the case for the prosecution, John Aylmer SC said that it was not in dispute that Mr Byrne had caused Mr Smyth’s death by launching a knife attack.

He said it was also not in dispute that Ms Fahy had stabbed Mr Smyth once at the start of the assault.

Mr Aylmer said that the prosecution case is that Ms Fahy aided and abetted Mr Byrne and that they acted in a joint enterprise to kill or cause serious injury to the deceased.

Mr Aylmer pointed to evidence from eye witnesses who said that Ms Fahy shouted, “that’s my fella Carlos, kill him” and that she had, at least, kicked Mr Smyth at the end of the attack as he lay on the ground. Evidence was also given that Ms Fahy tried to stop her brother from pulling Mr Byrne away from the deceased.

Mr Aylmer said that if the jury was not satisfied that Ms Fahy was guilty of murder then it could convict her of manslaughter if it found that she was involved in an attack which she foresaw would cause injury short of serious injury.

If the jury does not convict Ms Fahy of murder or manslaughter it may consider charges of assault causing harm and possession of a knife.

Patrick Marrinan SC, defending Mr Byrne, said that the death of Mr Smyth was “horrendous” and that Mr Byrne did not seek to justify it. The defence said that Mr Byrne was provoked by the deceased who was putting him under pressure and making threats in relation to a drug debt.

Mr Marrinan said the prosecution case was illogical and that it made no sense for the accused to cold-bloodedly plan to kill Mr Smyth in front of his girlfriend and in an estate where he and Ms Fahy were well known.

He drew the jury’s attention to evidence given by the State Pathologist, Professor Marie Cassidy, that the numerous stab wounds inflicted by his client could give rise to a reasonable inference that Mr Byrne had “lost control”.

Patrick Gageby SC, defending Ms Fahy, told the jury that to find his client guilty it must find that she was part of a plan to kill from which she never withdrew.

He said that three witnesses said they heard Ms Fahy shout encouragement and stamp on the deceased on the ground wearing high heeled boots. Professor Cassidy, however, gave evidence that there was no physical evidence of such an attack.

Mr Gageby urged the jury to be cautious in assessing the evidence of those witnesses and asked it to consider that two different witnesses told the court that they heard and saw Ms Fahy trying to stop Mr Byrne.

Mr Gageby said: “It is easy to do justice to those we like and have sympathy with” and said it was obvious that Ms Fahy had made bad choices. He said she admitted using a knife once and kicking Mr Smyth in the legs but there was no intention to kill or cause serious injury and no pre planning.

He said the jury might find the incident “deplorable, discreditable, low and base” but there was not enough in the case to say that Ms Fahy was as guilty of homicide (murder or manslaughter) as Mr Byrne.

Mr Justice Paul Butler sent the jury home this evening following one hour of deliberation. It will resume tomorrow morning.