Courts / Dublin / Report

Josh Dunne murder trial jury question why 'instigator' was not called as witness

Date
2022-06-10

Stage
Finding

Primary locality
Dublin

County
Dublin

Summary

During the trial of food‑delivery cyclist Mr Bento, who is accused of murdering 16‑year‑old Josh Dunne, the jury questioned why the man on a moped, described by the prosecution as the "instigator" of the fatal row, was not called as a witness. The jury had been sent out to deliberate and returned with a list of questions, noting that they had heard from "everyone" except the moped rider and a cyclist who had his bike stolen. Mr Bento, 36, was charged with murder, possession of a knife in a threatening manner, and assault causing harm to two other young men. He pleaded not guilty to all four counts. Mr Justice Paul Burns instructed the jury to base their verdict solely on the evidence presented, to avoid speculation, and to consider each charge separately. He explained the legal definitions of self‑defence, reasonable force, and the possible verdicts for the murder charge. The unnamed accused was acquitted.

Who, what, where, when and why

What: Report matter: Josh Dunne murder trial jury question why 'instigator' was not called as witness. Charges or matters: murdering 16-year-old Josh Dunne at East Wall Road, East Wall on January 26, 2021; each of the four counts. Procedural stage: finding. Findings: Acquitted

When:

January 26, 2021 Incident
2022-06-10 Publication

Why: To rely on a lie it must be deliberate and not told for an innocent purpose but because he knew it [the truth] would implicate him in the offence. CNI source report