Jury hears relationship between murder victim and accused was 'loving'

The jury in the trial at the Central Criminal Court in Dublin of a man charged with the murder of a Cork mother of three will resume its deliberations tomorrow following one hour of deliberation.

Derrick Daly (aged 47) originally from Enfield,Co Meath but with an address at St Vincent’s Hostel, in Cork has pleaded not guilty to the murder of separated mother of three Catherine Smart (aged 57) at the home they shared at Bailick Court, Midleton, Co Cork on the morning of Easter Sunday April 4, 2010.

Ms Smart had been subjected to a violent assault and died from multiple blunt force injuries to the head.

The trial had heard how Mr Daly told gardai that he and Ms Smart had been in a platonic cohabiting relationship for approximately 18 months before her death and he described her as his “best friend”.

Daly denied in evidence that he had attacked Ms Smart and claimed that he left the house early on the Sunday morning to visit a local Lidl shop, returning approximately 20 minutes later to find her dead. He denied any altercation or argument had occurred.

In his closing submission, prosecution counsel Mr Michael Durack SC told the jury that they should have no trouble in finding that Ms Smart’s death was “an act of murder”.

He said the prosecution was making the case that extensive scientific evidence brought before the court and Mr Daly’s own conflicting evidence were clear indicators of his guilt.

Addressing the jury Mr Durack said: “I suggest there is ample evidence to find the accused guilty”.

In his closing submission Mr Blaise O’Carroll SC, defending , told the jury that the evidence pointed towards his client being in a highly intoxicated state in the hours before Ms Smart’s death.

He said that the question of specific intent in relation to the charge of murder or manslaughter would have to be addressed given Mr Daly’s intoxication.

Mr O’Carroll also said that it appeared Mr Daly and Ms Smart enjoyed a loving relationship and there was no suggestion of violence between the pair.

Addressing the jury he said: “ Ask yourself about the relationship between Catherine and Derrick. I suggest to you that it was a loving one and was there anything to suggest that this it was one involving violence or argument.

Mr Justice Garret Sheehan told the jury of seven women and five men to return to Central Criminal Court tomorrow morning to resume their deliberations.