Shannon nightclub murder accused used 'deadly weapon with deadly force', trial hears

Jury hears closing speeches in trial of Nathan O'Neill for the murder of Jamie Higgins, 23

Nathan O’Neill admits manslaughter but denies murdering Jamie Higgins, 23, at the Shannon Knights licensed premises at Tullyvarraga, Shannon, Co Clare, on March 18, 2018. File picture: Larry Cummins

The prosecution in the trial of a Limerick man for a nightclub killing said it was murder plain and simple and that the accused came back to the premises with a knife thinking it would be last time he would be humiliated.

The defence said the accused man had denied murder but admitted manslaughter and said: “This is a decent young man unfortunately embroiled in a dreadful situation where in the background there were sinister aspects.” 

Nathan O’Neill, 23, who was 19 at the time and from Hill Top Drive, Dooradoyle, Limerick, is on trial at the Central Criminal Court sitting in Cork on a charge of murdering Jamie Higgins, 23, at the Shannon Knights licensed premises at Tullyvarraga, Shannon, Co Clare, on March 18, 2018. 

He admits manslaughter but denies murder. He pleaded guilty to causing serious harm to Michael Shannon.

Prosecution senior counsel Dean Kelly and defence SC Anthony Sammon and Ms Justice Eileen Creedon gave their closing speeches to the jury of six men and six women on Wednesday and the jury will commence their deliberations on Thursday.

Prosecution closing speech

Mr Kelly SC said the accused man armed himself with a knife before the deceased punched him. He said the punch came in from Mr Higgins and that Mr O’Neill stood like a boxer with his feet apart and lunged towards Mr Higgins. “It is tempting to conclude that is the stab wound to the heart,” Mr Kelly said.

The prosecution lawyer said: “It is suggested that the advance of Jamie Higgins and Mr Shannon came first. I say it did not, and that the first stabbing comes before Mr Higgins and Mr Shannon step forward.

“I suggest to you that the knife was out before that punch was thrown and I say that is on CCTV… He [Nathan O’Neill] seems to suggest an almost cartoonish frenzy of punches had started before he drew the knife. That is not true. 

"He said to gardaí, ‘When they all came I just swung it’. That is not true. He is trying to convince himself it was more accidental than it was. It is something he told gardaí about those deadly moments that is not true.

“That he is guilty of manslaughter and not of murder is a preposterous position. He armed himself with a deadly weapon and used it with deadly force as soon as the confrontation began. He asks you to accept that in his mind he was doing no more that was necessary to defend himself. I don’t think that train leaves the station.

“He chose to come back. He chose to come back with a deadly weapon. He said [to himself] the next time will be the last one, the next humiliation in front of my girlfriend will be the last time it happens because I will escalate the situation spectacularly, because I will use the knife that is in my hand.” 

Defence closing speech

Mr Sammon said he was saddened to hear the prosecution engaging in what he described as "conjecture".

Mr Sammon said: “Mr Kelly has come up with this theory that there was a plan by Nathan O’Neill that in the event of any further confrontation there was going to be use of a knife and that he had the knife in his hand before he was punched by Jamie Higgins. That is not to be found in the CCTV. You can strain your eyes all you like, you will not see Nathan O’Neill getting the knife into his hands.” 

The defence senior counsel said the accused recognised that he went beyond his legal entitlements in using the knife so he pleaded guilty to the reduced charge of manslaughter. 

Mr Sammon said that, objectively, Nathan O’Neill did use more force than necessary but he said the issue the jury had to consider was whether, subjectively, Nathan O’Neill was using more force than necessary.

He said it was the subjective position of the accused man that he had been subjected to a campaign of intimidation, that weeks previously he had been chased on a flyover by people with weapons and then he was punched in the face earlier that night in the Shannon premises.

“Because of his view that weapons have been used in the past he is minded that weapons may be used again,” the defence lawyer said.

Mr Sammon said the man he was privileged to represent told gardaí when interviewed: “I just regret everything so much, I never meant for this to happen. I wish it never happened. I just want to say sorry… I am not a bad person. I did not mean to do it. I was back at work. I wanted to go to college. Now everyone is going to think this is the person who done this. This is the brush I am going to be painted with.” 

Mr Sammon said during the trial that the accused man responded to a cocaine-fuelled attack on him by the late Mr Higgins and Mr Shannon. On Wednesday, Mr Sammon said the word 'cocaine' was not used once in the closing speech by the prosecution.