A VERDICT is expected today in the trial of a young man charged with the murder of his girlfriend, a mother of six, in Co Kildare.
Closing speeches ended in the trial of Mr Stephen Davis yesterday, after which Mr Justice Budd opened his charge to the jury.
The judge is expected to conclude his charge this afternoon, after which the 11 men and one woman will begin considering their verdict.
Mr Davis (20), of Clonmullin, Athy, Co Kildare, has denied the murder of Ms Mary Doogue (30), of the same address, in Athy on October 20th, 1995.
The 11-day trial has heard Ms Doogue and Mr Davis had had a relationship for two years and he was the father of the youngest of her six children.
Ms Doogue was pronounced dead in hospital on October 20th, 1995, from what the State Pathologist, Dr John Harbison, found was delayed shock due to subdural haemhorrage, contusion of the larynx, dislocated shoulder and ruptured bladder.
Closing the case for the State yesterday, Mr John Aylmer said the State Pathologist had concluded that Ms Doogue's injuries could only be explained by a severe beating. He said the jury knew that when Ms Doogue was seen by people in Athy around 12.15 a.m. on October 20th, 1995, she did not appear to have any of the injuries noted by Dr Harbison.
He said she was seen by a witness around 4 p.m. that same day who said her injuries were shocking. She was taken to hospital. She suffered cardiac arrest on the way and died shortly afterwards.
Mr Aylmer asked the jury to look carefully at the admissions made by Mr Davis to gardai. He said there were inconsistencies between what Mr Davis told gardai at Naas Hospital and some things he had said in interview.
He said Mr Davis had denied twisting Ms Doogue's arm and there was "no significant admission" of hitting Ms Doogue in the face or in a manner which dislocated her shoulder. He said parts of the interview might be "to some extent self-serving".
He said Mr Davis was "the principal cause of what happened to Mary Doogue". There was "ample evidence" that Mr Davis violently assaulted Ms Doogue, and ample evidence of serious injury as a result, counsel said. He urged the jury to return a verdict of guilty of murder.
Mr Barry White SC, defending, told the jury there were three verdicts open to them guilty of murder, not guilty of murder, and not guilty of murder but guilty of manslaughter. He said a murder verdict was not appropriate in the case, but the two other possible verdicts might be.
He said the jury should consider two questions which, if any, of Ms Doogue's injuries were inflicted by Mr Davis and whether that injury had contributed to her death. The defence submitted the only injury Mr Davis could have caused was the bladder injury.
If the jury was not satisfied that the injury inflicted by Mr Davis substantially contributed to Ms Doogue's death, then they could not find he unlawfully killed her counsel said.
If the jury found the injury did substantially contribute to death then they must examine Mr Davis's intention, Mr White said. Mr Davis had said he did not intend to kill Ms Doogue and he had been upset and in shock at the hospital.
Counsel said Dr Harbison had, "fairly conceded" that some of the injuries could have been caused by a fall down stairs.
Mr White said the only evidence against Mr Davis was his own admissions to gardai. He said Mr Davis's answers were not self-serving "but quite the contrary".
Mr White said that if the jury found Mr Davis had caused Ms Doogue's injuries, they must consider whether he was provoked at the time, and the defence submitted there was provocation in the legal sense.