Accused's brother denies assaulting murdered sister

A Co Kerry man yesterday denied he viciously assaulted or interfered with his sister on the night she died in September 2004.

At the Central Criminal Court in Ennis yesterday, Michael O'Brien (32) admitted he gave his sister, Elizabeth McCarthy, a slap while both were in a car being driven by their brother Robert on September 28th, 2004, after attending a cousin's wedding at the Earl of Desmond hotel in Tralee.

Robert O'Brien (27), of St John's Park, Castleisland, Co Kerry, is on trial for the murder and attempted rape of Ms McCarthy (32) at The Quay, Blennerville, outside Tralee, on September 28th, 2004.

On the second day of the trial before Mr Justice Paul Carney, counsel for Robert O'Brien, Brendan Nix SC, put it to prosecution witness Michael O'Brien that he viciously assaulted and interfered with his sister on the night.

Mr Nix said: "You gave her a good pounding and if your sister's clothing was disturbed. You were the person who did it." In response, Michael O'Brien said: "God bless us, I never in my life touched my sister."

Mr Nix told the court that Michael O'Brien in the past had received a sentence for sexual assault, which was reduced on appeal in the Court of Criminal Appeal. Michael O'Brien said: "I only gave her a clip across the shoulder . . . I loved her, I was only looking out for her. I never in my life hit her before that night and I regret what I did."

The court was told that Michael O'Brien was arrested by gardaí in October 2004 and made a number of statements.

Michael O'Brien said that after giving Elizabeth one slap, he got out of the car to go to the toilet, but Robert drove off with Elizabeth and that was the last time he saw her alive.

The trial continues today.