A Dublin man strangled his wife with a vacuum cleaner flex and staged the scene to look like suicide, it was claimed in court today.
The family of a woman whose husband's trial for her murder opened at the Central Criminal Court yesterday have told the jury that the deceased was not suicidal at the time of her death.
Brian Kearney, 50, with an address at Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhan Kearney, 38, on February 28, 2006 — his 49th birthday.
Ms Kearney, a mother of one, was found strangled in the upstairs bedroom of the house in Goatstown by her sister Niamh, who gave evidence today.
The trial got underway after a second jury of eight women and four men were selected. Mr Justice Barry White discharged the first jury last week when it emerged that one of the members had worked for an alarm company which installed a security alarm in the Kearney's home approximately 10 years ago.
Ms Niamh McLaughlin, the deceased woman's sister told prosecuting counsel Mr Denis Vaughan Buckley SC that she had been leaving her car with Siobhan since she started her job as a receptionist in Ernst and Young in November 2005.
She would usually arrive at about 9 a.m. but on the morning of Tuesday February 28th 2006 she had overslept. "I was just doing a lot of running around. I was tired and I slept it out."
She had arrived at the house that morning at around 9.35 and let herself in to the house with her own key. Her three-year-old nephew was walking around the house, on his own.
Concerned, she went upstairs to find her sister. "I went upstairs and knocked at the door." There was no response so she looked through the keyhole.
She told Mr Patrick Gageby SC, defending, that she was sure there had been no key. She could get no response from Siobhan so she phoned her parents.
Mrs Deirdre McLaughlin the deceased woman's mother, told Mr Dominic McGinn BL, also prosecuting, that she and her husband arrived at Siobhan's house at around 10.15. Her husband went upstairs and came back down shortly afterwards saying that Siobhan was dead.
Mrs McLaughlin said Niamh went to ring the emergency services. "She rang the emergency services then got a little bit distressed so I took the phone off her."
She then rang Mr Kearney to let him know what had happened. She told Mr Gageby that the conversation was very brief, no more than 15 or 16 seconds. She was adamant that she did not end the conversation herself. "The reason I didn't say more was because the child was crying in the background."
She said when Mr Kearney arrived at the scene he told her "we were going to be together forever."
She agreed that she had spoken to the paramedics at the scene. "I said maybe she had taken medication. I didn't know."
She agreed with Mr Gageby that Siobhan had been admitted to St John of God's hospital in 1999. "She just had a little bit of a breakdown, just over five days, then she was back at work." Mr Gageby asked her if she knew what had caused it. "Over work. No doubt about it."
Mr Owen McLaughlin, Siobhan's father told Mr Vaughan Buckley that he went up to his daughter's room. "I shouted Siobhan's name three or four times very loud and with no response I put my shoulder to the door and I ran at it with my shoulder and I used my feet and I broke the door down."
He said he went into the room and saw his daughter lying on the floor near the en suite bathroom. "I went over to Siobhan and I put a hand to her forearm and it was very cold. I put a hand on her leg and it was cold. I knew she was dead."
He brought Siobhan's young son over to Mr Kearney's parents with Niamh and when they arrived Mr Kearney had arrived.
He went to Mr Kearney and told him what had happened. "His response was he put his hands to his head and he turned his back to me and he said words to the effect of Oh my god."
Later on Mr McLaughlin said he saw Mr Kearney in the house with his sister standing behind him rubbing his shoulders. A doctor came into the room. "He said Doctor my heart is jumping out of my chest but to my mind there wasn't any emotion."
Mr Vaughan Buckley asked him if Mr Kearney was crying. "No, definitely not."
Mr McLaughlin told Mr Gageby that he had not moved the body or removed anything from around Siobhan's neck. "I saw my daughter. I put my hand on her forearm and I new she was dead. I put my hand on her leg and I knew she was dead."
Siobhan's sister, Ms Brighid McLaughlin, an artist who had previously worked for the Sunday Independent, told Mr Vaughan Buckley that Siobhan had some to see her on the evening of February 6th, some weeks before her death. "She looked tired but she was in good spirits."
She said she was aware that Siobhan had been having marital difficulties and had referred her to a solicitor she had got to know through her work as a journalist.
On the morning of the 28th, she received a call from one of her sisters telling her that something had happened and she and her sister started driving over to Siobhan's house.
On the way over they received a call telling them that their sister was dead. "It was totally shocking." Brighid agreed with Mr Vaughan Buckley that they were so upset at the news they got lost and were delayed arriving at the Kearney residence.
When they arrived, the ambulance crew had arrived as had members of both families. "Brian Kearney was also there sitting down. I said hello and he came up to me. "Poor you Brighid, and all that's happened to you and Michael."
Brighid told Mr Vaughan Buckley that her husband, Michael had died in July 4 th 2003. "I thought it was a very odd thing to say, extremely odd. It put me back."
"He sat down and hyperventilated then but it was very strange behaviour." She told Mr Vaughan Buckley that she had been surprised to receive a phone call from Mr Kearney in 2005. "He told me Siobhan wasn't well and she was going into St John of Gods." She said when she phoned her sister afterwards Siobhan was "appalled".
"I rang her immediately and she said she never had any intention of going to St John of Gods. She was absolutely fine."
Brighid said that she was aware that her sister had been admitted in 1999 but the reason was "stress from living with Brian."
She told Mr Vaughan Buckley that several days after Siobhan's death she went to see Brian with her sister Niamh.
"Brian Kearney unlocked three locks and let us in. He was very cold." She asked "what happened to Siobhan and he said cardiac arrest or strangulation. That was his reply. I'll never forget it."
She told Mr Gageby in cross examination that she could not be any more specific about when Mr Kearney rang her in 2005. "I've had a lot going on in my life in the last couple of years."
In his opening speech to the jury Mr Vaughan Buckley told them that the prosecutions case was that Siobhan Kearney had died from strangulation that had been made to look like suicide.
He told the jury that the case before them was based on a substantial amount of circumstantial evidence. They would hear from experts who would tell them that the vacuum cleaner cord found wrapped around the body could not have born her weight for long enough.
The trial continues tomorrow morning before Mr Justice White and the jury