Courts / Kildare / Report

"Battleground" is whether case is murder or manslaughter, jury told

Date
2016-03-04

Stage
Sentence

Primary locality
Kildare

County
Kildare

Summary

At the Central Criminal Court, the jury in the trial of Zoltan Almasi, 44, of Naas, Co Kildare, has been told the central issue is whether the death of Joseph Dunne constitutes murder or manslaughter. Mr Almasi, who pleaded not guilty to the alleged murder of Mr Dunne at the same address on May 16, 2014, faces a charge that carries a potential life sentence. Prosecution counsel Bernard Condon SC argued that the evidence, including a depressed skull and shattered bones, demonstrates an intentional killing with a baseball bat, asserting that the accused was the aggressor and that regret does not defeat intent. Conversely, defence counsel Colm O'Briain SC contended that the blow was a reckless swipe rather than a deliberate strike, arguing that the prosecution has not proven the specific intention required for murder beyond reasonable doubt. The defence highlighted that the accused did not dispose of the weapon or evidence, suggesting the act was not a cold-blooded murder. The court heard that the cause of death was a single blow to the head. Justice Margaret Heneghan is scheduled to finish charging the jury on Monday morning, with the matter currently at the stage of closing submissions prior to the verdict.

Who, what, where, when and why

What: Report matter: "Battleground" is whether case is murder or manslaughter, jury told. Charges or matters: murdering Joseph Dunne at the same address on May 16 2014; murdering Mr Dunne. Procedural stage: sentence

When: