Siobhan Kearney was initiating separation proceedings against her husband at the time of her death, the Central Criminal Court heard today.
Brian Kearney (50) with an address at Carnroe, Knocknashee, Goatstown, Dublin has pleaded not guilty to murdering his wife on February 28th, 2006 — his 49th birthday.
Ms Kearney (38) was found strangled that morning in her bedroom.
Today, the Central Criminal Court heard details of correspondence sent on behalf of Ms Kearney to her husband and his solicitors regarding a separation.
Hugh Hannigan, a solicitor specialising in family law, told prosecuting counsel Denis Vaughan Buckley SC that he first had contact with Ms Kearney in September 2005. He said that Ms Kearney called him, seeking legal advice.
He said he informed Ms Kearney of the possibility of seeking counselling and reconciliation services but that she wished to proceed with a separation.
Mr Hannigan said that he did not hold a file on Ms Kearney in December 2005 but that he was contacted by Ms Kearney's sister Brighid McLaughlin in early 2006 and a meeting was arranged with Ms Kearney for January 23rd. He said he drew Ms Kearney's attention to the counselling and reconciliation services she could avail of at the meeting but that she was satisfied to proceed with the separation.
Mr Hannigan said that on Tuesday, February 21st, he sent a fax to Mr Kearney's solicitors. It stated: "Our client is frustrated that she has still not heard from your client.
"Unless we hear from your client, we are left with no option but to issue the relevant family law proceedings."
Mr Hannigan told the court that three days later, he had a consultation with Ms Kearney in the presence of a barrister. It was agreed to send a letter to Mr Kearney's solicitors.
He read from the letter, which was sent that day stating that there were "serious concerns arising out of marital difficulties". Ms Kearney was "particularly concerned" about the impact of the "marital difficulties" on her son, Mr Hannigan read.
Mr Hanigan acknowledged that the only grounds for a judicial separation of Mr and Ms Kearney was the "breakdown of the marriage and that it had not existed for a year".
He agreed with defence counsel Patrick Gageby SC that any application for a separation could not have relied on adultery, desertion or unreasonable behaviour.
The trial continues tomorrow before Mr Justice White and the jury of eight women and four men.