The jury in the trial of a man alleged to be the getaway driver in a fatal shooting at a Dublin bookies, has been instructed to either find the accused guilty of murder, or fully acquit him.
Liam Bolger (aged 23), of Homelawn Gardens in Tallaght has pleaded not guilty to the murder of Christopher Barry (aged 25), at Byrne's bookmakers, Killester Avenue in Donnycarney on September 13th last year.
Instructing the jury of six men and six women that there are only two choices available to them, M t Justice Paul Carney said “ on the facts of this case, manslaughter is not an option".
CCTV footage of the fatal shooting was shown to the Central Criminal Court during the eight-day trial.
Described by the prosecution team as a chillingly efficient assassination, the footage showed a gunman wearing a motorcycle helmet enter the bookies and open fire on Mr Barry.
Customers fled the shop as the gunman pursued Mr Barry, continuing to fire the whole time.
The deceased was shot nine times in the six seconds that the attack took place.
The court heard that the gunman fled the scene on motorbike, which he then set fire to around the corner, before jumping into a waiting van alleged to be driven by the accused.
Telling the court that the case is one of joint enterprise or common design, counsel for the prosecution, Mr Paddy McCarthy SC said “The gunman is not before the court...Liam Bolger is charged with the murder because he was part and parcel of everything that occurred.”
He also told the court that cell phone analysis placed Mr Bolger's phone near the scene of the killing around the time that it occurred.
“The only inference to be drawn is not only was his van there, but his phone was there and he was on the phone,” Mr McCarthy said.
Asking the jury to consider the cell phone analysis, counsel for the defence Mr Brendan Grehan SC said: “It's not just something surprising, but absolutely amazing that here Mr Bolger is, when he's supposedly involved in a murder… using his own phone.”
The jury was instructed to reach a unanimous verdict of either guilty of murder or not guilty of murder, before being sent out to begin their deliberations just before 11.20 this morning.