Murder accused 'a proven liar', court hears

The prosecution in a Dublin murder trial has told the jury that the accused was truthful only once during the case, when he told a security guard that he had given his victim a ‘terrible battering’ and an ‘awful hiding’.

Patrick McGrath BL was giving his closing speech in the trial of a homeless man accused of murdering a pensioner in his home.

Stephen Byrne (aged 36) has pleaded not guilty to murdering 69-year-old William Traynor on Sunday evening June 17, 2007.

Fire-fighters found the elderly man badly beaten that evening, after being called to a small fire at his house on St Francis Terrace, Bow Street. He died two days later in Beaumont Hospital, where a neurosurgeon put his injuries at 10 on a scale of 1 to 10.

Mr McGrath said Mr Byrne caused the “catastrophic injuries” either with a fire extinguisher or a gas cylinder, several of which were found at the scene.

On Friday, Mr Byrne accepted that he caused the injuries responsible for his death. He said he had “lost it” when the elderly man sprayed him with the contents of a fire extinguisher.

However, he told a number of versions of his story during the investigation, said Mr McGrath.

“Stephen Byrne is a proven liar,” he said, reminding the jury that he first put three other people at the scene, only removing them from his story after CCTV evidence showed he was alone.

He also recalled that when first questioned, Mr Byrne said he merely pushed the elderly man. Later, he admitted punching the pensioner in the chest and finally he accepted that he hit him with a fire extinguisher in the head.

Mr McGrath outlined the various lengths of time Mr Byrne admitted being in the house. It changed from denial of entering the house to spending less than five minutes and then 10 minutes inside. When shown CCTV footage, he accepted he was in the man’s home for more than an hour.

The jury was reminded that Mr Byrne first lied about the clothes he was wearing when he assaulted Mr Traynor. He also first denied taking the old man’s bus pass and social welfare card, before suggesting he had picked them up accidentally, and finally admitting he “dipped” Mr Traynor’s pockets.

“His evidence is incapable of belief. It’s riddled with lies,” said McGrath.

He said the defence of provocation would not stand up because it required a sudden loss of self control and immediate action. Both men were witnessed in the back yard half an hour after the alleged spraying incident and Mr Traynor was walking unaided.

The State Pathologist said this would not have been possible after the attack.

“More than half an hour after he went into the house, he inflicted the fatal injuries, left William Traynor in a semi-conscious, collapsed state and walked out without hardly a scratch,” said Mr McGrath.

“What he told Mr Larkin the next day was the truth; he had given the deceased a terrible battering, and awful hiding. This resulted in the horrific injuries,” he said.

“There’s no dispute that the killing was caused by Stephen Byrne,” he said, explaining that the jury must also be satisfied that he intended the killing or a serious injury.

He said the natural and probable consequences of hitting someone over the head with a gas cylinder or fire extinguisher was death.

“When you’ve considered all the evidence, you can be satisfied beyond a reasonable doubt that Stephen Byrne murdered William Traynor,” he said.

The defence will give its closing speech tomorrow to Mr Justice Patrick McCarthy and the jury of seven women and five men.