Closing speeches heard in Mayo murder trial

Closing speeches have been heard in the trial of a 24 year-old man accused of murdering his sister’s partner in Co. Mayo last year.

Fintan McKenna (aged 24), of Woodlands, Balla, Castlebar denies murdering Francis ‘Frankie’ Heneghan (aged 24) in Kiltimagh on August 12, 2009.

It is the prosecution’s case Mr McKenna stabbed Mr Heneghan 11 times following an altercation in a laneway at the side of the Tavern pub.

It is alleged there was considerable animosity between the pair because Mr Heneghan was cheating on his partner, Grace McKenna, the sister of the accused.

Prosecuting counsel, Pauline Walley SC, warned the jury: "You can’t look at Fintan McKenna and say: ‘God he looks like he just got out of school he couldn’t have committed murder."

"What does somebody who commits murder look like? They look just like you and me, they are in the wrong place at the wrong time and make the wrong decision," she said.

She told the jury Mr McKenna’s repeated assertions to gardaí that he was afraid of Mr Heneghan, who prior to the killing had challenged him to a fight, was doubtful.

"This man who told gardaí he was afraid elected to go up the same laneway Mr Heneghan had invited him into for a fight, on his own, with a knife in his pocket open and ready."

Ms Walley said the fact Mr Heneghan and Mr McKenna had a history and didn’t like each other was well established.

"At the end of the day it doesn’t matter how many rows Mr Heneghan had with Mr McKenna or if he was cheating on Grace, all that matters is what happened in that lanewau," she said.

Senior counsel for the defence, Mr Martin Giblin, told the jury there was three verdicts they could return in the case: an acquittal, guilty of murder or not guilty of murder but guilty of manslaughter either on the grounds of self-defence or provocation.

He put it to the jury that the proper verdict, on all the evidence in the case, was not guilty of murder and at most Mr McKenna was guilty of manslaughter.

He pointed to the evidence of Lucia Finn, in which she had told the court she saw the deceased with a baseball bat, which he said the deceased intended to use to "ambush and attack" Mr McKenna.

He told the jury: "There is no doubt Mr Heneghan invited Mr McKenna down the laneway to fight. I submit to you had he accepted he would be in an early grave in Co Mayo and Mr Heneghan would be where Mr McKenna is now."

Earlier, the prosecution re-called Sgt Garry Walsh to be cross-examined by defence counsel for the second time.

Sgt Walsh told Mr Giblin the deceased had three previous convictions for theft, trespass and breach of the peace dating from February 2005 to September 2008.

Mr Giblin asked Sgt Walsh if there was any record of Mr Heneghan "on pulse", meaning in circumstances where he was a suspected offender based on a complaint but which didn’t lead to a conviction.

Sgt Walsh told the court Mr Heneghan was a suspected offender in relation to two counts of assault causing harm and one count of possession of an offensive weapon.

The court heard these records arose out of an incident in September 2006 during which an injured party received two stab wounds to the shoulder requiring 14 stitches.

Sgt Walsh said gardaí found Mr Heneghan lying on the ground being kicked by two men with a blade in his hand.

Mr Justice John Edwards warned the jury that if a person is involved in a violent incident recorded on pulse it does not mean it is crime.

He said: "Just because these things are on a police record means nothing and I think it is important, in respect to the deceased, that you understand that."

The trial continues tomorrow when Mr Justice Edwards will give his charge to the jury.