THE JURY in the trial of a man accused of fatally stabbing his sister’s partner in Co Mayo last year has been sent home for the night after failing to reach a unanimous verdict in the Central Criminal Court.
Fintan McKenna, of Woodlands, Balla, Castlebar, has denied murdering Francis “Frankie” Heneghan (24) in Kiltimagh, Co Mayo, on August 12th, 2009.
The jury of eight women and four men had been deliberating for more than 3½ hours on the ninth day of the trial at the Central Criminal Court.
It is the prosecution’s case Mr McKenna stabbed Mr Heneghan 11 times following an altercation in a laneway at the side of the Tavern pub in Kiltimagh. They claim there was considerable animosity between Mr McKenna and the deceased because Mr Heneghan had been cheating on Grace McKenna, the sister of the accused.
After 10 minutes of deliberations Mr Justice John Edwards brought the jury back into court to clarify an important issue.
He told the jurors that in relation to self-defence or provocation, Mr McKenna’s alleged state of intoxication was a factor they could take into consideration.
However, he emphasised that intoxication on its own was not a defence but rather a piece of evidence open to their consideration.
The jury had been told there were three verdicts open to them: guilty of murder, not guilty of murder, or not guilty of murder but guilty of manslaughter either on the grounds of self-defence or provocation.
Before sending the jury home for the night Mr Justice Edwards told them he could now accept a majority verdict of no less than 10/2. The jury is due to resume its deliberations at 10.30am today.