A judge has told a jury in a murder trial that she has decided to continue the case with only one defendant, despite the fact that the trial started last week with two defendants.
Marius Gaizutis (52) of Marsh Road, Drogheda, Co Louth is on trial charged with murdering Audrius Butkus (44) at that address between September 9th and 10th, 2013.
Mr Butkus’s body was found on a Co Louth beach later that year.
Mr Gaizutis had pleaded not guilty to murder but guilty to manslaughter when arraigned before the Central Criminal Court last Monday morning.
This was not acceptable to the State, and a jury was sworn in to try him and his co-accused, Aivers Sonders (53) of Sycamore Close, Termon Abbey, Drogheda.
Mr Sonders was arraigned last week, charged with three counts of assisting an offender on the same dates, by impeding Mr Gaizutis’s apprehension or prosecution.
The particulars include allegedly moving Mr Butkus’s body from Marsh Road and placing it in the sea at Mornington Beach; cleaning up the scene at Marsh Road; and disposing of carpet, clothing, a nail brush, bin bag, bottles and tins from Burke House, Matthew’s Lane, Drogheda, Co Louth.
Mr Sonders had pleaded not guilty to all three counts.
Judge’s address
However, this afternoon Ms Justice Margaret Heneghan addressed the jury of four women and eight men and said that when this trial started prosecution counsel Mr Patrick Gageby SC told them that they had two defendants.
“I’ve now made a determination that we will continue the trial with Mr Gaizutis and you will no longer be concerned with Mr Sonders,” the judge said.
The jury had previously heard that Mr Gaizutis met Mr Butkus at the back of Tesco on September 9th, 2013 and invited him back to his house on Marsh Road where he had a bottle of Captain Morgan's.
The court heard that, in a statement to gardaí, Mr Gaizutis said that Mr Butkus went to the toilet at some stage that night. He then apparently smelt smoke coming from the bathroom and, when he approached, he found Mr Butkus asleep on the toilet with a cigarette in his hand.
The accused told gardaí that a struggle ensued, during which Mr Gaizutis punched Mr Butkus in the jaw and Mr Butkus punched Mr Gaizutis in the head with a bottle.
The jury were shown photos of two scars on Mr Gaizutis’s hand, which included injury to the back and palm of his left hand.
Mr Gageby then called Det Garda Shane Curran, of the Detective Unit in Navan Garda station, who presented original CCTV footage to the jury of Marsh Road between September 9th and 10th, 2013.
Mr Curran agreed with the prosecution counsel that footage also showed Mr Gaizutis and Mr Butkus walking along Mayoralty Street in Drogheda.
The trial continues on Tuesday.