Courts / Louth / Report

Issue of duress in impeding trial "does not stack up", prosecution tell jury

Date
2017-06-26

Stage
Trial

Primary locality
Drogheda

County
Louth

Summary

In a 2017 trial, Aivars Sondors, aged 55, faced three counts of assisting an offender by impeding the apprehension or prosecution of Marius Gaizutis, who had unlawfully killed Audrius Butkus, aged 44, on 9 or 10 September 2013. Sondors admitted the allegations but pleaded not guilty. Prosecutor Patrick Gageby argued that Sondors' actions—moving the body from a house on Marsh Road, disposing of evidence, and cleaning the scene—required effort, concentration and thought, and that no duress existed. He contended that Gaizutis, who was drunk, had no threat toward Sondors or his loved ones, and that Sondors' fear was not a threat of serious injury or death. Defence counsel Colman Fitzgerald urged the jury to consider Sondors' duress and reasonable excuse, noting his honesty and the lack of a willing participation in the aftermath of the killing. The jury was instructed to decide on duress and reasonable excuse before deliberation.

Who, what, where, when and why

What: Report matter: Issue of duress in impeding trial "does not stack up", prosecution tell jury. Charges or matters: assisting an offender. Procedural stage: trial

When:

September 9 Incident
May 1, 2015 Hearing Or Sentence
September 15 Hearing Or Sentence
2017-06-26 Publication

Why: Mr Gageby said there were two things for the jury to get over in this case in order to convict; duress and whether there was reasonable excuse. CNI source report