Murder trial jury sent home for second night

The jury in the trial of a Wicklow man accused of fatally shooting a 27-year-old father of two has been sent home for a second night having failed to reach a verdict in the Central Criminal Court.

The six man and six women have deliberated for four hours and 50 minutes since retiring on Friday afternoon.

Garrett O’Brien (aged 34) of Clover Hill, Bray has pleaded not guilty to the murder of Seamus ‘Shay’ O’Byrne at his home in Tymon Park North, Tallaght on March 13, 2009.

He has also pleaded not guilty to a second charge of possessing a firearm with intent to endanger life on the same date.

It is the prosecution’s case that Mr O’Brien was the hooded gunman who shot Mr O’Byrne five times in the back in the driveway of his home before struggling with his partner, Sharon Rattigan, who was also shot in the leg.

They claim he was part of a gang who had, for two days prior to the shooting, plotted to kill Mr O’Byrne at his home.

After lunch today the forewoman told Mr Justice Patrick McCarthy the jury wished to have the statements of Sharon Rattigan and two witnesses living in the Tymon North area at the time of the killing read out to them.

In addition, the jury requested to see rainwear which the court had previously heard had been discovered in a Ford Transit van.

The keys of the van had been discovered in the possession of Garry Flynn, one of three suspects arrested in connection with the killing.

The forewoman also asked Justice McCarthy to clarify the law on lies and guilt by association.

Justice McCarthy told the jury that the court had heard evidence from several witnesses that a man was seen wearing dark rainwear.

He said it was the prosecutions position that the shooter was wearing that type of clothing which was found in a Ford Transit van, one of the cars persistently seen in the CCTV footage.

‘’The prosecution seeks to invite us to put these various items together; that is an example of association.’

However, he added; "In this case what we are dealing with is the prosecution say this man is guilty because he pulled the trigger, a person may be guilty by association because he was involved but did not pull the trigger, that does not arise in this case."

In relation to lies Justice McCarthy said; ‘’Lies can be evidence of guilt but one should bear in mind that people lie for many reasons such as shame or embarrassment.’’

He told them; ‘’It is for you the jury to determine in the context of the particular case whether the motivation for the lie is for some reason other than guilt.’’

They will resume their deliberations at 10:30am tomorrow morning.