Courts / Dublin / Report

Principle of joint enterprise central to case, murder trial jury told

Date
2017-11-27

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

In the murder trial of Andrew Gibney, a 25‑year‑old from Mulhuddart, the judge emphasised that the principle of joint enterprise is central to the case. Gibney pleaded not guilty to the killing of Gerard Burnett, 28, who was stabbed six times on the right side of his chest, causing fatal injuries to his lung, heart and liver. Prosecutor Vincent Heneghan argued that five men were involved and that each was guilty of murder, citing evidence that Gibney admitted to stabbing Burnett three times and that the group acted together. Defence counsel Giollaiosa O Lideadha contended that the law requires individual guilt and that Gibney may have been part of a joint enterprise but not necessarily the one who inflicted the fatal wounds. The judge instructed the jury that they could return a verdict of not guilty, guilty of murder, or guilty of manslaughter, and that a unanimous decision was required.

Who, what, where, when and why

What: Report matter: Principle of joint enterprise central to case, murder trial jury told. Charges or matters: murdering Gerard Burnett (28) at Castlecurragh Vale, Mulhuddart, Dublin 15 on August 21, 2012. Procedural stage: trial

When:

August 21, 2012 Hearing Or Sentence
August 28 Incident
2017-11-27 Publication

Why: He said that Mr Gibney almost certainly went to the garda station because he was remorseful for what he did and because he never intended Mr Burnett's death to take place. CNI source report