‘Accused had motive and opportunity to kill Siobhán’

BRIAN KEARNEY had the motive and the opportunity to kill his wife Siobhán a jury in the Central Criminal Court in Dublin heard as prosecution and defence counsel closed their cases yesterday.

Brian Kearney, 51, with an address at Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhán, 38, on February 28, 2006 — his 49th birthday.

Kearney had the motive, he had the opportunity and scientific evidence proved it was not suicide, Dominic McGinn, BL, for the Director of Public Prosecutions (DPP) told the court.

Mr McGinn said Kearney had motive because he was not in favour of the couple’s planned separation and after her killing happened Kearney had tried to “dress it up” as suicide.

Mr McGuinn said Kearney admitted it was only himself, Siobhán and their three-year-old son in the house at the time.

He also told gardaí he found it impossible to believe Siobhán would kill herself, Mr McGinn said.

Evidence showed Siobhán was making long-term plans.

Mr McGinn said most important of all was the scientific evidence which showed Siobhán did not take her own life.

“If it wasn’t suicide the only reasonable explanation that fits in with all the evidence is that Mr Kearney killed Siobhán,” Mr McGuinn said.

Forensic accountant Toni Massey had outlined the Kearney’s financial situation.

The court heard he had received a letter from the bank telling him, his borrowings needed to be reduced. Hotel Salvia in Spain had been on the market but not sold and the logical position was to move into the garden home they had built next door and sell the family home or rent out the garden house, Mr McGinn said.

He said letters from Siobhán’s lawyer suggested it was her plan to move into their garden house.

“That wouldn’t lift the financial pressure on Mr Kearney because he wouldn’t be able to sell the house. He wouldn’t be able to let it out.”

Mr McGinn said analysis of the security alarm showed it was activated the night before and deactivated at 7.40am the morning Siobhán’s body was found by her father.

“There was no sign what-so-ever of any break in, no forced entry.

“The inference from that is that nobody from outside the household was involved in Siobhán Kearney’s death,” Mr McGinn said.

“If she had attempted to hang herself with the hoover flex suspending her full body weight over the en suite door, testing showed the flex would have cleanly broken within five to seven seconds,” Mr McGuinn said.

He said evidence showed Siobhán was making plans — planning her separation, making plans to hand over management of the hotel in Spain, organising to enrol their son in school, inviting a friend over to watch a rugby match.

Siobhán’s room was locked and when the door was forced open the key was found on the floor.

“Why would Siobhán Kearney if she was going to commit suicide lock the door and take the key out throwing it on the floor?” Mr McGinn asked.

State Pathologist Dr Marie Cassidy had said there was evidence of manual strangulation and the three breaks in Siobhán’s neck were consistent with this.