The trial of a homeless man accused of murdering a retired “gentleman”, who put him up in his Kildare home, has collapsed at the Central Criminal Court over the type of evidence to be given by witnesses.
Brian Ibe (23) had denied murdering Peter Kennedy (65), but admitted causing his death, after the deceased had offered Mr Ibe and his mother the use of his home and address until they found accommodation.
Mr Ibe of no fixed abode and formerly of Moore Park, Newbridge, Co Kildare, and the Peter McVerry Trust, Dublin 12, had pleaded not guilty by reason of insanity to the murder of Mr Kennedy in Newbridge between April 28th, 2020, and May 12th, 2020.
Mr Ibe had also pleaded not guilty by reason of insanity to a charge of assault causing harm to Garda Brendan O’Donnell at Newbridge Garda station on April 29th, 2020.
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Mr Justice Burns told the jury that the court had been informed that additional witnesses were to be called by the defence but that the prosecution had not believed those witnesses were to be called as experts.
Only witnesses classified as experts are allowed to give their opinions in evidence, as opposed to regular witnesses, who can only testify to factual matters.
The judge told the jury that the court would not be able to deal with that scenario for “a couple of months” and it would be unfair of the court to ask the jury to remain empanelled for that duration after already hearing evidence that could have been “distressing and disturbing” for them.
Mr Justice Burns said that without the jury’s “work and willing participation”, the criminal justice system would not operate and he excused the seven women and five men from jury service for five years.
The case, which was expected to last up to two weeks, is listed before the Central Criminal Court on Wednesday of next week.
In opening the case, prosecution counsel Fiona Murphy SC told the jury it was not disputed that the accused caused the death of Mr Kennedy but that it was for them to determine whether Mr Ibe was suffering from a mental illness such that it would allow the defence of not guilty by reason of insanity.
Over two days of evidence, the court heard that Mr Ibe and his mother, Martha, were put up by Mr Kennedy in 2019 in his home in Newbridge, Co Kildare. Mr Kennedy was fatally assaulted by Mr Ibe in April 2020 and died two weeks later.
The jury heard that the retired probation officer was “an absolute gentleman” who took homeless people into his home while they were looking for accommodation but had become fearful of Mr Ibe.
The jury was also told that the accused’s mother said she saw her son stabbing Mr Kennedy in the back of the neck with a five-inch blade as he shouted for help in his own home. The jury heard that the accused’s mother also witnessed her son threatening to kill the pensioner.
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