Deliberations suspended in murder trial after juror becomes ill

A jury's deliberations in the trial of a Clare man who is accused of murdering his 78-year-old uncle were suspended after one of the jurors became ill.

The 12 jurors began considering their verdict at midday this Tuesday and spent a total of one hour and five minutes deliberating before being sent home for the day. 

Shortly after 1pm, the foreman of the jury handed trial judge Mr Justice Paul McDermott a note informing him that one of the jury members was unwell and asking that they all be excused for the rest of the day.

When asked by the judge whether they all expected to be in attendance to continue their deliberations on Wednesday, the jury of five men and seven women responded "yes". 

Mr Justice McDermott told the jurors that he would release them until Wednesday and he asked them to come back to the Central Criminal Court at 11am in the morning to resume their deliberations. 

Thomas Lorigan, aged 34, of no fixed abode, has pleaded not guilty to murdering John O'Neill (78) at St Brendan’s Road, Lisdoonvarna, Co. Clare on a date unknown between January 6 and January 7, 2022.

The Central Criminal Court trial has heard that Mr Lorigan was known by the nickname 'Mossy' in the Clare area and was the deceased's nephew. The jury was told that Mr O'Neill lived alone and previously ran a bed and breakfast at his home along with his wife, who passed away in the summer of 2021.

The trial has heard that gardaí recovered a pair of bloodied boots from a house at Gleann Bhreandain in Lisdoonvarna, where Mr Lorigan had stayed the night before the body was found. Witness Walter Burke has testified that Mr Lorigan left his house at one point on the night of January 6 and returned before midnight, telling him that he had a row with his uncle.

The witness said the accused went to bed but during the night mentioned to him that he felt the row "was more serious than he first told me" and that somebody could be hurt.

A forensic scientist has told the jury that a mixed DNA profile was taken from inside the pair of boots recovered from Gleann Bhreandain. Dr Alan McGee said the boots were heavily stained with Mr O'Neill's blood and that the mixed profile contained the DNA of Mr Lorigan.

The prosecution have argued that Mr Lorigan can be seen on CCTV footage of the attack delivering measured kicks to his uncle and stamps to the head and neck.

In her closing address, Eilis Brennan SC, for the Director of Public Prosecutions, submitted that Mr Lorigan had murdered his 78-year-old uncle by stamping on his head with steel-capped boots and "calculatedly" delivering "well aimed" kicks as the widower Mr O'Neill lay helplessly on the ground. 

Driving ban for Clare motorist caught drink-driving twice on same night

Woman fined after entering guilty pleas to motoring offences

Ms Brennan said there was a "compelling picture of guilt" in the case with all the evidence pointing one way. She said there could be no doubt that the defendant Thomas Lorigan's intention was to kill or cause serious injury to the pensioner Mr O'Neill. 

Michael Bowman SC, defending Mr Lorigan, said in his closing speech that his client's face was never identifiable on any CCTV footage put before the jury and that the identification in the case was flawed.

He said the prosecution had fallen short on a close analysis of the case and asked the jury to return a verdict of not guilty. 

Concluding his charge to the jury this Monday, Mr Justice McDermott told the jurors they could return three verdicts in relation to the murder charge against Mr Lorigan, namely; guilty of murder, not guilty of murder but guilty of manslaughter or not guilty.

The judge said the jurors could return a verdict of guilty of murder if they were satisfied that Mr Lorigan had caused the death of Mr O'Neill and did so with the intention to kill or cause him serious injury.

Mr Justice McDermott said if the jurors were satisfied Mr Lorigan had killed Mr O'Neill but that he did not have the necessary intention to kill or cause serious injury then the correct verdict was not guilty of murder but guilty of manslaughter.

He said if the jury was satisfied that Mr Lorigan had not caused the death of Mr O'Neill then the verdict was not guilty. 

Mr Justice McDermott asked the 12 jurors to be unanimous in their verdict and reminded them that the prosecution must have proven their case beyond a reasonable doubt.