The jury in the trial of Dundalk man Michael Dermot McArdle, who is accused of killing his wife Kelly-Anne Corcoran in Marbella in 2000, began its deliberations at lunchtime today after receiving detailed instruction from the judge at Malaga’s Criminal Court.
As Mr McArdle (39), accompanied by his father, waited outside the courtroom, defence and prosecution lawyers took almost three hours to finalise with the trial judge the lengthy document summarising the main points of evidence presented over the course of five days last week.
The jury was then reminded by the judge of the three possible outcomes open to it: to acquit Mr McArdle, to convict on the reduce charge of manslaughter sought by the state prosecution in a surprise development on Friday or to convict him of murder, as requested by the private prosecution brought by the family of Ms Corcoran, who were also present in court this morning.
The judge also emphasised to the jury the importance of its task in ruling on what he called “a very complex case”.
He urged them: “To be brave and convict” if they consider that either of the two prosecutions has proven its case, however he also stressed that they must acquit Mr McArdle if they have any doubts what so ever that he caused his wife’s death on February 11th 2000.
At least seven of the nine jurors must find against Mr McArdle in order to arrive at a guilty verdict, whereas an acquittal requires just five votes.
As Mr Mcardle listened through an interpreter, the jurors were also informed that, should they find the defendant guilty of manslaughter they can recommend a suspended sentence or a government pardon although the recommendation is not binding .
Making a final statement on Saturday after a week of evidence in the Malaga court, Mr McArdle insisted three times that he did not kill his 28-year-old wife. He said she tripped and fell over the balcony as she tried to stop their toddler son from climbing onto the low handrail.
In a long and emotional plea through an interpreter to the jury, Mr McArdle said that, as a practising Catholic, he "would never lie" in court or outside about the events which took place at the Hotel Don Pepe on the night of February 11th, 2000.
Rejecting earlier claims in evidence by members of his wife's family that his five-year marriage was a violent and troubled one, he said the couple were very happy, had planned to move house and possibly have more children.
Mr McArdle admitted earlier in the week that he and Ms Corcoran had argued over his wife's drinking shortly before she fell to her death.