Cork murder trial jury to resume deliberations on Tuesday

Jury considering their verdict on the charges of Rita O’Driscoll murdering Timmy Foley and causing serious harm to the deceased’s brother, Jason
Cork murder trial jury to resume deliberations on Tuesday

Rita O'Driscoll is on trial for the murder of her ex-husband Timmy Foley. Picture: John Delea

The jury will continue to deliberate on Tuesday in a murder trial where the prosecution asked them to reflect on the accused woman’s threat that if she could not have her ex-husband nobody could and on the defence stressing the years of abuse she suffered at his hands.

Timmy Foley, aged 44, died at 12 Dan Corkery Place, Macroom, Co Cork, on October 8, 2018 after sustaining 28 stab wounds.

Rita O’Driscoll, aged 48, of Bridge St, Bandon, Co  Cork, said she stabbed him twice and that it was his brother, Jason Foley, who stabbed him repeatedly after she dropped the knife.

The jury is considering their verdict on the charges of Rita O’Driscoll murdering Timmy Foley and causing serious harm to the deceased man’s brother, Jason Foley.

He was still alive when the gardaí arrived. He was mortally wounded. He died that night

Siobhán Lankford prosecution senior counsel told the jury: “Sometime after midnight there was a fracas in the house... an argument, pushing, shoving, fisticuffs and so on, a verbal altercation. These exchanges were heated.” The alarm was raised through the panic button, which Jason Foley had as a result of a pre-existing brain injury, at 1.40am and the gardaí arrived.

“They found a very fraught scene. There was a lot of blood. Rita O’Driscoll was outside the house. She was bleeding. She had sustained two stab wounds to her left arm and some cut or laceration to her face. Jason Foley was clearly injured. He had sustained stab wounds to the right side of his neck, the base of his lung, his kidney, and liver.

“Timmy Foley was very clearly extremely unwell. There was a lot of blood around him. He had difficulty breathing. He was still alive when the gardaí arrived. He was mortally wounded. He died that night,” Ms Lankford said.

Assistant State Pathologist, Dr Margaret Bolster (with back to camera), prepares to examine the body of  Timmy Foley in Macroom back in 2018. Photo: Andy Gibson.
Assistant State Pathologist, Dr Margaret Bolster (with back to camera), prepares to examine the body of  Timmy Foley in Macroom back in 2018. Photo: Andy Gibson.

Witness Jason Foley testified: “Rita was talking loud. I don’t know what Rita was talking about. She raised her voice. I said, ‘Timmy, take care of that’. ‘Jas,’ he said, ‘No problem.’ She was arguing with my brother. Rita was there pucking my brother in the stomach and in the side. Timmy started roaring. I seen blood coming from his stomach.

“I saw Rita standing over Timmy pucking him into the stomach. Timmy’s stomach was bleeding… (Timmy) said, ‘She have me goosed. She have my stomach f***ed up.’ He put his hands to his stomach. There was blood on his hands.” 

Lizzy Foley, Timmy’s niece, testified that the accused “threatened to kill him — ‘I am going to come down and kill you’, ‘I am going to pour petrol over you and set you on fire’. I just thought it was general Rita. I didn’t think she was going to follow up on any of her threats. She made them so often it just seemed normal for her to do that,” Lizzy Foley said, adding that she heard the defendant say, “If I can’t have him no one will.”

Rita O’Driscoll told gardaí, that Jason Foley attacked her suddenly from behind in the kitchen and Timmy was laughing. “I said he (Timmy) was evil and satanic. He had a black-handled steak knife. He drove it into my head, the side of my head. I put my hand up to save my head. He cut my hand with it. I caught the knife and stabbed him once or twice. He is capable of murder. He is capable of killing. I was afraid for my life.

“Him and Jason started arguing. Jason picked up the knife. He stabbed Timmy a couple of times. I said, ‘Stop Jason.’ Last thing I saw him lying in a pool of blood on the floor.

“I suffered battered wife syndrome. I was trying to protect myself when I stabbed him twice…I did not kill Timmy. I am not a murderer. I am a very good person with a good heart. All I did my whole life was help people.” 

Ms Justice Eileen Creedon told the jury to return to the Central Criminal Court sitting in Cork on Tuesday to resume their deliberations.

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