Jury told 'model' father strangled 5-year-old daughter

A Dublin man described as a model parent strangled his five-year-old daughter to death with pyjama cord and placed her back in…

A Dublin man described as a model parent strangled his five-year-old daughter to death with pyjama cord and placed her back in bed before trying to commit suicide, a murder trial jury has been told.

Mr James Joseph Byrne (44) has pleaded not guilty to the murder of Nicole Byrne at the family home at Cromcastle Drive, Coolock, on July 6th, 2000.

At the Central Criminal Court yesterday Mr Patrick Gageby SC, prosecuting, said this case was far removed from most of its type, which usually involved dysfunctional families. The accused was a model parent, and he and his wife were hard-working people who drank very little, ran a well-maintained home and were both totally devoted to their two children, Nicole and 11-year-old James.

The accused changed his working hours so that he could be with the children while his wife worked the morning shift in Cadburys in Coolock. Some time before the killing the accused began feeling unwell. He was not eating and became depressed. On June 3rd the family went on holiday to Spain, but Mr Byrne wanted to return home. His symptoms persisted, and his wife brought him to the family doctor, who prescribed medication.

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This coincided with a change in Nicole's behaviour, the jury heard. She was becoming difficult and said she did not want to go to school. On the morning of the killing, Mrs Sylvia Byrne left for work at about 7.40 a.m.

Mr Byrne dropped James off at a tennis club at 10 a.m. He brought Nicole in the car, but she was still in her pyjamas as she had refused to get dressed. When he returned to the house, the accused took a skipping rope and cable from the shed "and with the cord of his own pyjamas, strangled his daughter". He then put her back into the bed, Mr Gageby told the jury.

The accused then tried to hang himself in the attic, but was unsuccessful. He then drove to Howth and Blessington before going into the Garda station in Sandymount to confess what he had done. James discovered his dead sister's body when he returned from the tennis club at around lunchtime.

Mr Gageby said the issue the jury might have to decide was one of murder or manslaughter. He said that under the present insanity laws it did not seem Mr Byrne was legally insane as "he knew what he was doing, he knew he was strangling his daughter and he knew it was wrong".

Mr Gageby said Nicole was killed, not because of hatred for her or Mrs Byrne, but, having decided to commit suicide, the accused did not want to leave his wife with two children, one of whom was difficult.

In evidence, Mrs Sylvia Byrne said she had been worried about her husband's health and her daughter's behaviour for some weeks before the killing. Her daughter complained of feeling sad. She told the jury that when she asked why, Nicole said: "I don't know, Ma. I love you and I love my Dad and I love James but something is making me sad."

Until then they had had a very happy family life, she said. Both she and Mr Byrne worked hard but kept Sundays as a family day and spent as much time during weekdays with the children.

Before they went to Spain, Mr Byrne complained of feeling tired. The witness said she thought the holiday would help, but he wanted to return early as he was feeling unwell.

The jury heard that the accused was currently detained in the Central Mental Hospital in Dundrum.

Mrs Byrne said she was standing by her husband and that her family had been punished enough.

The trial continues today.