Courts / Cavan / Report

Jury asked to consider defences of duress and reasonable excuse

Date
2018-02-13
Stage
Trial
Primary locality
Kilnaleck
County
Cavan

Summary

A jury at the Central Criminal Court has been instructed to consider defences of duress and reasonable excuse in the trial of a 34-year-old woman charged with impeding the apprehension of her boyfriend in connection with a death in Kilnaleck, County Cavan. The accused is charged with placing a cord around the neck of a 49-year-old housemate in June 2014 to simulate suicide, allegedly to conceal that her death was suspicious. The defendant, who pleaded not guilty, told gardaí she acted under duress, fearing for her life after witnessing the alleged killing. The prosecution contended there was no reasonable excuse for her actions, highlighting that she returned to her boyfriend after release and remained with him. The defence argued the jury should assess whether a reasonable person in her circumstances would have feared death. Mr Justice Patrick McCarthy clarified that the prosecution must prove the act occurred without reasonable excuse, with duress applying where threats of immediate death override ordinary human resistance. The trial continues.

Who, what, where, when and why

What: Report matter: Jury asked to consider defences of duress and reasonable excuse. Charges or matters: impeding the apprehension or prosecution of her boyfriend, knowing or believing him to have murdered her 49-year-old housemate, Antra Ozolina (49), or committed some other arrestable offence; carrying out the offence at their home at The Old Post, Main Street, Kilnaleck, Co Cavan on or about June 27 or June 28 2014. Procedural stage: trial

When:

Why: It's alleged that Egita Jaunmaize, of no fixed abode, placed a blue cord around Ms Ozolina's neck so as to simulate her suicide in order to make it more difficult to establish that her death was suspicious. CNI source report

Case subjects

Unnamed 34-year-old

Accused

Charges: impeding the apprehension or prosecution of her boyfriend, knowing or believing him to have murdered her 49-year-old housemate, Antra Ozolina (49), or committed some other arrestable offence; carrying out the offence at their home at The Old Post, Main Street, Kilnaleck, Co Cavan on or about June 27 or June 28 2014 (Alleged Or Contested)

Plea: Not guilty

Places mentioned

Court Venue
  • Central Criminal Court
Incident

Topics

Stage Trial

Related court reports

Read the original CNI report

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