Courts / Mayo / Report

Murder accused entitled to defend himself in own home, defence tell jury

Date
2023-03-28

Stage
Finding

Primary locality
Swinford

County
Mayo

Summary

At the Central Criminal Court, closing arguments concluded in the trial of Matusz Batiuk, who denies murdering Michael McDonagh at a housing estate in Swinford, County Mayo, on 16 November 2020. The defence contended that Mr Batiuk, aged 33, acted lawfully in self-defence when he inflicted a fatal knife wound in his own home. Defence counsel emphasised that the accused's initial statement to emergency services was that he acted in self-defence, a position maintained throughout garda interviews. The prosecution argued that the accused deliberately used lethal force with intent to kill or cause serious injury. Justice Ellen Ring instructed the jury to consider whether Mr Batiuk honestly believed self-defence was necessary and whether any force used was objectively reasonable. The jury was also directed to consider evidence from two psychiatrists regarding the accused's mental health. The trial continues with further direction to the jury of nine men and three women. Matusz Batiuk pleaded not guilty and was acquitted.

Who, what, where, when and why

What: Report matter: Murder accused entitled to defend himself in own home, defence tell jury. Charges or matters: murdering Mr McDonagh (24) at a housing estate in Swinford on November 16, 2020. Procedural stage: finding. Findings: Acquitted

When:

November 16, 2020 Other
November 16 Other
2023-03-28 Publication

Why: Mr Heneghen said because there appears to be no witnesses to the stabbing, the jury has to look at the surrounding facts and build a picture for themselves. CNI source report