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"Horror" shouldn't determine verdict, judge tells Kenneth O'Brien murder trial jury

Summary

A murder trial at the Central Criminal Court heard that Paul Wells Senior (50) of Barnamore Park, Finglas, has admitted shooting dead fellow Dubliner Kenneth O'Brien and dismembering his body. However, he has pleaded not guilty to murdering the 33-year-old at his home in Barnamore Park on 15th or 16th January, 2016. Mr Wells claims that Mr O'Brien had wanted him to murder Mr O'Brien's partner so that he could take their child back to Australia. He told gardai that Mr O'Brien had brought a gun to his house for this purpose on the evening of the 15th but that he didn't want to do it. He said this resulted in a scuffle between them, that the gun fell, they both tried to get it, but that he got to it first and shot his friend in the back of the head. He said that he then panicked, 'chopped him into pieces' with a chainsaw Mr O'Brien had lent him, put the torso into Mr O'Brien's suitcase and dumped it in the Grand Canal. Mr Justice Paul McDermott told the jury that the 'horror' shouldn't determine its verdict, with the main issue to decide being how his death was brought about. He explained that the jury must consider whether Mr Wells intended to cause death or serious injury when discharging the firearm into the back of Mr O'Brien's head. The matter was adjourned and will continue on Monday.

Who, what, where, when and why

What: Report matter: "Horror" shouldn't determine verdict, judge tells Kenneth O'Brien murder trial jury. Charges or matters: murdering the 33-year-old at his home in Barnamore Park on 15th or 16th January, 2016. Procedural stage: trial

When:

• 16th January Other
• 2018-11-02 Publication

Why: Mr Justice McDermott explained that a homicide was not murder if committed in reasonable self defence. Defence account reported by CNI

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

Read the original CNI report