Courts / Donegal / Report

Dangerous to act on Sliabh Liag accused's testimony, judge tells jury

Date
2025-02-27

Stage
Trial

Primary locality
Donegal

County
Donegal

Summary

At the Central Criminal Court, Mr Justice Paul McDermott has warned the jury that it would be dangerous to rely on the testimony of Alan Vial, who has implicated his co-accused Nikita Burns in the death of Robert Wilkin. Both deny murdering the 66-year-old man, whose body was discovered in the sea near Sliabh Liag in Donegal on June 33, 2023, eight days after he died. The prosecution alleges that Vial and Burns were engaged in a joint enterprise to cause serious harm to Wilkin before placing him over the cliffs. Vial testified that Burns struck Wilkin with a rock, while Burns told gardaí that Vial inflicted the fatal blows. The judge instructed the jury that whilst Vial's cross-examined court evidence may be considered against Burns, uncorroborated testimony from a co-accused on the same charge carries inherent risks of fabrication or false implication. The jury was also directed on alternative verdicts and the distinction between murder and impeding prosecution. The trial continues next week. Alan Vial pleaded not guilty. Nikita Burns pleaded not guilty.

Who, what, where, when and why

What: Report matter: Dangerous to act on Sliabh Liag accused's testimony, judge tells jury. Charges or matters: Mr Wilkin's murder; impeding the apprehension or prosecution of Mr Vial by cleaning the car, he said. Procedural stage: trial

When:

June 25, 2023 Hearing Or Sentence
January 17th Hearing Or Sentence
2025-02-27 Publication

Why: The judge added: "You have to proceed with caution when considering his evidence in respect of his implication of Ms Burns, because there is a danger that a co-accused, in his position, on the same charge of murder, may fabricate evidence or falsely implicate their co-accused. CNI source report