The jury in the Macroom murder trial will continue their deliberations on Wednesday after deliberating throughout Tuesday without delivering a verdict.
The jury of seven women and five men requested that one of the central pieces of evidence in the case — the recorded emergency call made by the deceased man’s brother where voices are heard in the background to the call — be played for them in the jury room on Tuesday.
They commenced their deliberations on Friday afternoon, deliberated throughout Tuesday, and resume on Wednesday.
Rita O’Driscoll, 48, of Bridge St, Bandon, Co Cork, denies the murder of her ex-husband, 44-year-old Timmy Foley, at 12 Dan Corkery Place, Macroom, Co Cork, on October 8, 2018. She also denies causing serious harm to the deceased man’s brother Jason Foley.
The prosecution put into evidence a recording of the phone call made by Jason Foley for assistance from ambulance and gardaí that night. This witness had a pre-existing brain injury and had an emergency call facility in case he needed urgent medical assistance.
Jason Foley gave lengthy evidence in the course of the trial where he said, “Rita was there pucking my brother in the stomach and in the side. He said, ‘Jason, I am goosed'. I seen Rita pucking my brother in the stomach. Timmy started roaring. I seen blood coming from his stomach. I said I will get an ambulance… I saw Rita standing over Timmy pucking him into the stomach. Timmy’s stomach was bleeding… He (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.”
Asked if he later saw anything in her hand, he replied, “Yeah, a bloody knife. It was full of blood. The knife was full of blood. Her fist was full of blood. (Timmy said) ‘I am f***ed, Jay, I am f***ed'. I said, ‘Will I get an ambulance for you?’ ‘Yes’, he said, ‘She have me goosed'.”
Sergeant Michael Kelleher said there was a huge amount of blood at the scene and that the accused told him that night, “Jason stabbed Timmy to protect her”.
Garda Siobhán O’Dowd said the accused, Ms O’Driscoll, was “wailing like a banshee” at the scene and there was blood pouring heavily from her left arm.
Ms O’Driscoll told Garda O’Dowd that her husband attacked her and stabbed her and that Jason intervened. Garda O’Dowd said the accused said, “Jason stabbed my husband to pieces. He stabbed his own brother over what he did to me. Jason stabbed him to save me”. Jason Foley said that never happened.
Ms O’Driscoll told gardaí: “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. He nearly killed me a couple of times. He broke my hand with an iron bar when I was pregnant with my child, my son.
“They (Timmy and Jason Foley) are evil people,” she said.