Jury in trial of man accused of murdering trespasser in his Waterford home begin deliberations

Judge said there were three verdicts the jury could return in relation to the murder charge against Dean Kerrie, namely: guilty of murder, not guilty of murder but guilty of manslaughter, or not guilty

Dean Kerrie took to the stand at his own trial last week, telling the jury that the deceased had kicked in the front door of his home, attacked him and threatened to kill his mother. Picture: Collins Courts

A jury has begun deliberating in the murder trial of a 20-year-old man who says he was protecting his home when a drunk fisherman entered as a trespasser.

Ms Justice Eileen Creedon spent Tuesday explaining the law to the jury of seven men and four women following the two-week trial at the Central Criminal Court. She explained the defendant Dean Kerrie had raised the issue of self-defence and there was no burden on him to prove that he had acted in self-defence.

Mr Kerrie, 20, with an address at St Brigid's Square, Portarlington, Co Laois, has pleaded not guilty to murdering Jack Power, 25, at Shanakiel, Dunmore East, Co Waterford, on July 26, 2018.

The murder trial has heard that Mr Power sustained a single stab wound to the front of the chest which penetrated his heart.

In his closing speech on Monday, defence counsel Ciaran O'Loughlin SC submitted that Mr Kerrie "had no intention to do anything other than protect his own home" and had acted in self-defence that night.

However, prosecution counsel Michael Delaney SC told the jury the case of Mr Kerrie "bears out the true folly of taking the law into your own hands". 

Counsel said the accused could have let Jack Power walk out of his house that night but decided to take the law into his hands "at a level much greater and with much deadlier consequences" than Mr Power intended when he entered the Kerrie home.

Mr Kerrie took to the stand at his own trial last week, telling the jury that the deceased had kicked in the front door of his home, attacked him and threatened to kill his mother.

The accused accepted on the stand last Friday that he could be heard shouting: "I'll take your life, I hope you're dead. I'll take your life" in the background on the 999 call.

Charge to the jury

In her charge to the jury on Tuesday, Ms Justice Creedon said the accused had raised the issue of self-defence and there was no burden on him to prove that he had acted in self-defence. 

"The onus of proof always rests on the prosecution and there is no difference with the issue of self-defence. The defence has to prove nothing," she added.

Ms Justice Creedon said there were three verdicts the jury could return in relation to the murder charge against Mr Kerrie, namely: guilty of murder, not guilty of murder but guilty of manslaughter, or not guilty.

If the jury was satisfied that Mr Kerrie was not acting in self-defence, that he had killed Mr Power unlawfully and that he intended to kill or cause serious harm to him, then the offence of murder had been set out.

If, having considered the evidence, the jury finds Mr Kerrie had an honest belief that Mr Power had entered the house as a trespasser to commit a criminal act and they find the force used by Mr Kerrie was reasonable, then the accused was not acting unlawfully and should be acquitted.

If the jury finds that Mr Kerrie had an honest belief that Mr Power entered the house as a trespasser but that the accused employed more force than necessary but no more force than he felt was reasonable, then they must return a verdict of guilty of manslaughter.

Furthermore, the judge told the jury they must have regard to the Criminal Law (Defence and the Dwelling) Act 2011 and said a person cannot lose their life because they are a trespasser in the house of another.

Ms Justice Creedon explained it shall not be an offence for a person who is in his dwelling, or for a person who is a lawful occupant in a dwelling, to use force against another where, he believes the other person has entered the dwelling as a trespasser for the purpose of committing a criminal act.

She said the force used is only such as is reasonable in the circumstances as he believes them to be to protect themselves from injury; to protect his property from destruction; or to prevent the commission of a crime.

The judge said it was immaterial whether a belief is justified or not if it is honestly held but in considering whether the person using the force honestly held the belief, the court or the jury shall have regard to the presence or absence of reasonable grounds for the person so believing.

She told the jury that it was immaterial whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned. The use of force shall not exclude the use of force causing death, she said.

Finally, Ms Justice Creedon said the prosecution case is that Mr Kerrie unlawfully killed Mr Power, that he was not acting in self-defence and that he charge of murder had been made out.

The defence case, she said, is that the charge of murder had not been made out and that the accused had acted in self-defence when he stabbed Mr Power.

Ms Justice Creedon told the jurors that they must be unanimous in their verdict before sending them away to begin deliberations shortly after 2pm on Tuesday.