Juraci Da Silva found guilty of manslaughter
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
Juraci Da Silva was found guilty of manslaughter by a jury at the Central Criminal Court on 20 October 2017. He was acquitted of murdering James Banville, who was killed at New Street in Waterford on 8 October 2016.
Da Silva had pleaded guilty to manslaughter, but the State rejected his plea. The proceedings were reported on 20 October 2017.
The jury also found him not guilty of assault causing harm to Banville’s friend Conor Hogan, but guilty of producing a knife during the fight. Mr Justice Michael White remanded Da Silva in custody until 20 November for a sentencing hearing, when Banville’s family would have an opportunity to make a statement.
The court heard that Hogan and Banville had assaulted Da Silva before the fatal confrontation. Mr Justice White told the jury it was clear that Da Silva had done nothing to provoke the first assault. Witnesses said the two men also used racial insults.
After Da Silva returned to his apartment and came back out, Hogan and Banville struck him again. The fatal confrontation was not caught on CCTV, but witnesses described a clash and punches thrown by the two men before Banville’s wound was revealed.
The prosecution alleged that Da Silva was seeking revenge when he produced the knife and stabbed Banville. Defence counsel Colman Cody SC said Da Silva had been provoked by the assaults and had either acted in self-defence or lost all self-control because of the assaults and abuse.