Case draws to close: judge expected to send jury out today for decision
IN HIS closing remarks at the trial of Eamonn Lillis, the television advertising director accused of murdering his wife Celine Cawley, Mr Justice Barry White said Mr Lillis had been given several opportunities “to cease the lie” about a burglar, but not only had he “perpetuated the lie”, he had pointed the finger at an innocent man during the investigation.
Mr Justice White was addressing the jury of six men and six women on day 11 of the trial.
“I don’t carry a sword for the prosecution or a shield for the defence”, he said, directing them to leave “all human emotion outside the door of the jury room”.
In deciding the case, they should do it “coldly, analytically and dispassionately, leaving aside any feelings of sympathy you might have or any feelings of revulsion you might have”.
In his closing submissions, Brendan Grehan, defending, said there was no proof of intent to kill as Ms Cawley had died after suffering moderate force trauma to the head.
He accepted that his client lied to gardaí. “No question about that. He had reason to. Mr Lillis was having an affair. Is that of relevance in this matter? It may be.”
Who, even in the strongest marriage, would not be flattered by the attentions of a beautiful young woman, he asked, but added: “Lies alone can not be a justification for finding someone guilty of an offence . . . neither can the fact that they were having an affair. This is a court of law, not a court of morality. You are not being asked to judge Mr Lillis’s righteousness or moral fibre or sins or transgressions”.
Mary Ellen Ring, prosecuting, said Mr Lillis had given conflicting accounts of the position he found his wife in on the day of her death and how he had received bloodstains on his clothes.
She said Mr Lillis initially said he had got blood on his thigh when his wife’s head was in his lap, but when asked during cross-examination how blood had come to be on his jumper, he said it had happened when he held her to his chest. “Did he forget? We can all forget . . . Is the fact that he didn’t explain it up to cross-examination important or not?”
Mr Lillis, she said, had an opportunity to kill his wife that December morning and he took it.
Mr Justice White said the jury must first decide if Ms Cawley’s death was murder and if not, whether it was an unlawful killing.
There were perhaps four decisions open to the jury regarding manslaughter, he said, but warned that the jurors could not return such a verdict if they were split in their numbers.
“You must all be agreed on the reason.”
He is expected to conclude his charge this morning and to send the jury out at about noon.
Jury told its verdict must be unanimous; Prosecution and defence outline their cases; Both sides have their say but judge still to have last word: page 4
