Wife died of strangulation, murder trial told

The trial of a man accused killing his wife ten years has heard that the dead woman died as a result of being strangled.

The trial of a man accused killing his wife ten years has heard that the dead woman died as a result of being strangled.

John Diver, Kilnamanagh Road, Walkinstown, Dublin denies murdering his wife Geraldine (42) at Robinhood Road, Clondalkin on December 2nd 1996.

Ms Diver was found, with a tie around her neck, in the front seat of her car outside a builder's providers at around 10.40pm on December 2nd.

The Central Criminal Court today heard a statement from the former State Pathologist Professor John Harbison, outlining the nature of Mrs Diver's injuries, by prosecution counsel Shane Murphy SC.

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The Professor, who has been unable to give evidence in person for several months, carried out an examination of Mrs Diver on December 3rd 1996. In his conclusion Prof Harbison said that Mrs Diver's death was as a result "of asphyxia due to strangulation by ligature."

The Professor also said in his report that the possibility Mrs Diver died as a result of manual strangulation could not be ruled out. He said that the tie found around Mrs Diver's neck to was tied in a "tight granny knot," about nine inches in size.

Mr Murphy also questioned Michael Stone, a truck driver, who saw a woman sitting in a car outside Buckley's builders merchants on Robinhood Road shortly before 10pm on the night of Mrs Diver's death.

This was unusual, as he "had never seen a car there before." He was travelling between 10mph and 20mph, and as he drove past the lights of his vehicle lit up the inside of the car.

He said that the woman was not moving, and her head was slumped to one side. "Her arms were by her side, and she was perfectly still," he said.

The woman's top was pulled up and her breasts were exposed. "Somebody in the rear of the car was holding her breasts," he said, adding that the hands looked like those of a man's.

He also told the court that the hands "were moving up and down."

Mr Stone added that he could not see who was in the back of the car. He knew the area well as the base where he parked his lorry and took a break from driving was just short distance away from where he saw Mrs Diver's car.

He told defence counsel Ann-Marie Lawlor BL that initially presumed that it "was a couple having sex." He said he regarded it as strange that "the woman did not move to cover herself," as he drove past.

Another truck driver Alan Stewart who drove past Buckley's some minutes earlier, told prosecuting counsel Mr Edward Comyn SC that he saw a middle-aged woman who he now knew to be Mrs Diver at the wheel of a red car.

He said it was not usual for a car to be parked there, and that he and the woman exchanged a brief glance. She did not appear worried, and he did not see anyone else in the car.

He worked for the same company as Mr Stone, and was heading towards the same base. He reckoned he arrived about 15 minutes before Mr Stone.

Another witness Martin Ryan, who was on his way home from work, said that he "had to swerve to avoid hitting a man" who was out on the road when he drove past the entrance to Buckley's.

He said that it was just after 10pm that night, as he recalled listening to a news bulletin on the radio.

He described the man as being around 5ft 7 in height and wearing dark coloured trousers, a bubble jacket, and a cap. He agreed with defence counsel Mr Brendan Grehan SC that the person he saw that night was "not a big man."

Michael Quane, who also drove past Buckley's gate, sometime between 10pm and 10.15pm that night said he saw a women leaning back in a parked car. It was like "somebody having a sleep."

He recalled seeing a man dressed in dark clothes, and a bomber jacket, a sort distance from the car.

The trial, which is being heard by Mr Justice Philip O'Sullivan, continues.