Claim of no direct evidence to convict man

The defence counsel in a murder trial in the Central Criminal Court in Dublin asserted yesterday that there was no direct evidence…

The defence counsel in a murder trial in the Central Criminal Court in Dublin asserted yesterday that there was no direct evidence to convict the accused and warned against convicting on corroborative evidence alone.

Mr Diarmaid McGuinness SC, for the defence, said there was no direct, circumstantial or forensic evidence to implicate the accused and to secure a conviction for murder.

Mr Paul Fitzgerald (29), of Garrymore, Clonmel, Co Tipperary, has denied the murder of a Clonmel man, Mr Frances Daniels (41), of Oliver Plunkett Terrace in the town on October 26th, 1997.

During the trial, the prosecution alleged the accused made verbal admissions in question-and-answer sessions with gardai, that he killed Mr Daniels.

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The court had previously heard that Mr Daniels had been in rehabilitation before his death.

His body was found with his head lying against a pebble-dash wall in a laneway near his home, apparently bludgeoned with a heavy implement.

The State Pathologist, Dr John Harbison, had previously said the cause of death was multiple head injuries, which he believed were inflicted with "severe force".

Mr Michael Durack SC, who concluded the case for the prosecution yesterday, had previously alleged that the accused attacked Mr Daniels after being startled while attending to a drugs stash in the lane.

Mr Justice Smith will address the jury on Monday before it considers its verdict.