Pair cleared of murder after State's case collapses

A mother of three and a 19-year-old have been cleared of murdering a man at a Christmas party in Drogheda, after the State's case against them collapsed when the trial judge ruled there was insufficient evidence to convict them.

Following a three week trial at the Central Criminal Court, Mr Justice Patrick McCarthy ruled that Louise Wall (aged 21) and Michael Cruise could not be convicted of murder as “ the court could only take the view that the accused did not cause the death” of Darren McKeown in December 2007.

He instructed the jury to record a verdict of not guilty by direction, before discharging them.

The victim's family broke down as the decision was given and his brother, Barry McKeown, would only say that he and his family were “devastated” before leaving the court.

Wall, of Cranmore, Clogherhead, Co Louth and Cruise of Donore Avenue, Ballsgrove, Drogheda had both denied the murder at a Christmas Day party in the Rowan Heights estate.

They also pleaded not guilty to a second count of violent disorder.

It had been the prosecution's case that the two were part of an alleged joint enterprise.

Senior counsel for the prosecution, Mr Seán Gillane, told the court that McKeown, a 29-year-old barber, was subjected to a “sustained, prolonged and vicious” attack during which he was kicked in the head and chest over a two-hour period.

He was found by the emergency services bleeding and unconscious in the driveway of a house in the early hours of December 26, 2007, and was rushed to hospital but never regained consciousness and died three days later.

The cause of death was a severe head injury.

During the trial, the court heard that Wall told Gardaí “it all started” after Mr McKeown hit a woman he had been rowing with during the party.

The woman's then 15-year-old son and a group of his friends planned to give Mr McKeown a beating in retaliation. He was kicked and punched by a group of people in the house. Wall also admitted to hitting him in the head with a glass ashtray there.

In his interviews, Cruise admitted to kicking him two to three times in the head.

The youths then followed Mr McKeown outside onto a green area where he was kicked in the head and chest.

After he struggled to his feet and attempted to walk away, the 15-year-old was seen running back towards him, and pushing him full force in the chest.

Mr McKeown fell, hitting his head off the concrete. Eyewitnesses described how they heard the impact from inside their homes. He struggled to his feet a second time, but fell again smashing his head on the ground.

After this he was again assaulted in the driveway of a house.

Under cross-examination by counsel for the defence, Mr Brendan Grehan SC, the deputy state pathologist Dr Michael Curtis said the most likely cause of death was Mr McKeown's head hitting off the ground, after either of the two falls.

In the absence of the jury, Mr Grehan said that a murder case could not go before them on the basis of this evidence.

“Dr Curtis said the cause of death was not tied to actions of Louise Wall, but to actions of another person”

“Effectively the jury is being invited to convict Louise Wall and Michael Cruise of murder, when the evidence is to the effect that whatever actions they carried out, the mechanism of death is the fall”

Mr Grehan said.

The court had heard that the 15-year-old boy and two others have been charged with violent disorder in the district courts.

After considering the matter for a day, Mr Justice McCarthy brought the jury back and explained to them that on the evidence of Dr Curtis, Mr McKeown “falling backwards and hitting his head is far more likely the cause of death.”

“This was not caused or done by either of the accused… so they cannot be convicted of murder. There is insufficient evidence to convict them.”

Wall and Cruise were then re-arraigned and pleaded guilty to violent disorder. They were remanded in custody to be sentenced on July 27.