Judge urges jury to consider alleged confession carefully

The judge in the trial of a drug addict accused of murdering Dubliner Rebecca Hoban has told the jury to think “long and hard” about his alleged confession to her murder.

In his charge to the jury at the Central Criminal Court yesterday, Mr Justice George Birmingham reminded them of Dean Lyons, a homeless heroin addict who falsely confessed to the 1998 Grangegorman murders.

“In our history, in at least one case, a drug addict is unreliable when it comes to confessing to murder” he said.

He was referring to evidence given by Detective Sergeant James Byrne, who said that the accused made an impromptu confession to him while no other gardaí were present.

The alleged comments were not video-taped.

The accused, Clive Butcher who is originally from the UK but has an address on Ranelagh Road, has denied murdering 28-year-old Rebecca Hoban.

The two had met while sleeping rough in the Phoenix Park and had been in a relationship for around a year before the accused fatally stabbed her in December 2008.

Mr Butcher has pleaded guilty to her manslaughter, but the State refused to accept his plea at the outset of the trial.

In his charge to the jury, Mr Justice Birmingham urged them to give cautious and careful consideration to Mr Butcher's alleged confession at Donnybrook garda station.

He said it was an issue for them to decide whether or not the confession was reliable and uncorroborated.

Detective Byrne has said the accused made an unsolicited confession after he had been charged with murder, and when his period of detention was technically over.

He said Mr Butcher told him he “did her” because he believed Rebecca was planning to kill him and hide his body, so she and “some other bloke” could get “his 100 grand.”

Mr Butcher had told gardaí in his interviews that he was to receive £100,000 (€114,683) from the sale of a house in the UK.

Detective Byrne said he noted down the remarks and read them back to Mr Butcher in the patrol car in front of two other gardaí. He said the accused then signed the notes.

Mr Justice Birmingham said he found it surprising and unhelpful that the comments had not been read over to the member in charge at the Garda station.

“What had allegedly happened was truly dramatic” Mr Justice Birmingham said to the jury. “ Mr Butcher had been interviewed over a prolonged period...and there was nothing to suggest that he is admitting to murder or offering a motive as to why he would commit murder.

Given the dramatic nature of what allegedly occurred, really the situation cried out for the member he charge” he said.

He also said it seemed to him the alleged confession was inconsistent with what had happened; “a killing in the apartment that would only put Mr Butcher in the frame...to say nothing of his 999 call and the fact that his body and clothing were covered in blood.”

The jury of three men and nine women failed to reach a verdict following almost four hours of deliberations at the Central Criminal Court today.

Before being sent home for the night, they asked for clarification on whether six stab wounds implied or inferred intent, and for clarification on the issue of provocation.

Mr Justice Birmingham said he would re-charge them before they resume their deliberations tomorrow.