Judge warns murder trail jury to treat witness testimonies with care

The judge in the trial of a 24-year-old man accused of fatally stabbing his sister’s partner has warned the jury to treat with care the testimony of witnesses who were "exceedingly intoxicated", on the night of the killing.

Mr Justice John Edwards delivered a lengthy charge today, following eight days of evidence in the case of Fintan McKenna, at the Central Criminal Court.

Mr McKenna (aged 24), of Woodlands, Balla, Castlebar has pleaded not guilty to the murder of Francis ‘Frankie’ Heneghan (aged 24) in Kiltimagh, Co Mayo on August 12, 2009.

The jury of eight women and four men are expected to begin their deliberations on Monday and have been instructed by Mr Justice Edwards to reach a unanimous decision.

During his charge, Justice Edwards told the jury a very important part of their task was to evaluate all the evidence, which in this case comprised mainly of oral testimony.

He said: "What might give you trouble in this case is the testimony from witnesses who admitted to being exceedingly intoxicated, you want to treat such witnesses carefully."

The judge told the jury that in doing so it did not mean they should reject the evidence but rather bring their "critical skills to bear".

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 in Kiltimagh.

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

The court heard from several young witnesses, who had been drinking with Mr McKenna in Kiltimagh on the night of the stabbing.

They gave evidence of seeing the deceased man hours before his death challenging Mr McKenna to a fight, down the laneway beside the Tavern pub, but he refused.

Later, as Mr McKenna was walking back to the drinking area off Main Street Rear he was seen taking a knife from his friend, Kevin Carmichael.

Mr McKenna told gardaí in interviews he took the knife to defend himself because he was afraid of Mr Heneghan.

He told gardaí he was walking up the Tavern laneway and was attacked by Mr Heneghan so he took the knife out of his pocket and stabbed him twice in the chest to defend himself.

Mr McKenna insisted he only stabbed him twice and could not have killed him. He threw the knife on the ground near a derelict shed at the back of Main Street Rear, before returning to drink with his friends.

Mr Justice Edwards told the jury there were three verdicts open to them, murder, manslaughter and an acquittal if they were satisfied Mr McKenna used no more force than was reasonable.

He told them they could bring back a verdict of manslaughter either on the grounds of self-defence or provocation.

Justice Edwards referred to defence counsel’s closing speech in which he had raised self-defence and noted a fundamental point had been omitted.

"You must be satisfied Fintan McKenna honestly believed he was defending himself, if you feel he had some other motive than self-defence is not an issue," he told them.

The trial continues on Monday when the jury are due to begin their deliberations.