Courts / Waterford / Report

Prosecution tell jury that murder accused took "the law into his own hands"

Date
2017-10-18

Stage
Trial

Primary locality
Waterford

Summary

In a murder trial at the Central Criminal Court, the prosecution argued that Juraci Da Silva, 36, had taken the law into his own hands after being assaulted twice by James Banville and Conor Hogan. The prosecution presented CCTV footage and witness testimony showing Da Silva running to New Street with a knife after the attackers left, where he inflicted a fatal chest wound on Banville. They highlighted that Da Silva had previously been stabbed by Hogan and that the knife used had traces of Hogan's blood. The prosecution maintained that self‑defence was not applicable because Da Silva could have left the scene, and that any provocation would not justify murder. They urged the jury to find him guilty of murder, noting his anger and desire for revenge. The defence was scheduled to speak the following day. Juraci Da Silva pleaded not guilty.

Who, what, where, when and why

What: Report matter: Prosecution tell jury that murder accused took "the law into his own hands". Charges or matters: murder but guilty to the manslaughter of 28-year-old James Banville at New Street in Waterford on October 8, 2016; assaulting Conor Hogan causing him harm and not guilty to a charge of producing a knife on the same date and at the same place; murder; assaulting Conor Hogan causing him harm; producing a knife. Procedural stage: trial

When:

October 8, 2016 Hearing Or Sentence
2017-10-18 Publication

Why: "He had no necessity to defend himself because the two attackers were gone. CNI source report

Case subjects

Juraci Da Silva

Accused

Charges: murder but guilty to the manslaughter of 28-year-old James Banville at New Street in Waterford on October 8, 2016; assaulting Conor Hogan causing him harm and not guilty to a charge of producing a knife on the same date and at the same place; murder; assaulting Conor Hogan causing him harm; producing a knife (Alleged Or Contested)

Plea: Not guilty