Jury fails to reach verdict in trial of man accused of killing in Waterford

Mr Kerrie was remanded on continuing bail on the same terms and conditions until the next list of fixed dates at the Central Criminal Court

Dean Kerrie (pictured) said that after Jack Power had smashed the front window of his home, kicked in the door and attacked his family, the deceased received a knife wound to the chest when he "lost his footing and fell onto the knife". Photo: Collins Courts

A Central Criminal Court jury has failed to reach a verdict in the murder trial of a 20-year-old man, who said he acted in self-defence and was protecting his home when a drunk fisherman entered as a trespasser.

Dean Kerrie said that after Jack Power had smashed the front window of his home, kicked in the door and attacked his family, the deceased received a knife wound to the chest when he "lost his footing and fell onto the knife". The accused had asked for a complete acquittal.

"I asked him to leave my house and to stop what he was doing. He started to kick me and I tried to move out of the way. I was trying to get out of his way, he ended up stabbed," Mr Kerrie, who was 17 at the time of the incident, told the jury.

The prosecution's case was that Mr Kerrie was not acting in self-defence, that he knew he was using excessive force when he "deliberately" stabbed 25-year-old Mr Power in the chest and there was nothing accidental about the incident.

However, after approximately six hours and 53 minutes of deliberations, the jury returned on Thursday unable to reach a verdict.

The seven men and four women of the jury began considering their verdict on Tuesday afternoon and had deliberated for five hours and 17 minutes when the judge gave them the option of reaching a majority verdict or a possible disagreement.

The 11 jurors returned less than two hours later and when the registrar asked the forewoman of the jury if they had reached a verdict on which at least 10 of them agreed, she said "No".

Ms Justice Eileen Creedon said the jury had written ‘Disagreement’ next to the count on the issue paper and thanked them for their service. "I know this was a very difficult case and thank you for the time you gave to it," she added. The judge exempted them from jury service for 10 years. 

She remanded Mr Kerrie on continuing bail on the same terms and conditions until the next list of fixed dates at the Central Criminal Court on March 3. Mr Kerrie made no reaction when the disagreement was announced.

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