Gardaí couldn’t find the clothes Jozef Puska wore when he murdered Ashling Murphy because his sisters-in-law had burned them, a barrister has told a jury at the Central Criminal Court.
Sean Gillane SC, for the Director of Public Prosecutions, opened the trial on Tuesday morning of Jozef Puska’s brothers, who are charged with withholding information, and their wives, who are charged with burning Puska’s clothes to impede his arrest or prosecution.
Mr Gillane told the jury that Jozef Puska (35) is not an accused in this trial, but he “looms very large”. On the afternoon of January 12th, 2022, he attacked Ashling Murphy, a 23-year-old schoolteacher, on the canal towpath at Cappincur in Tullamore. She died having suffered 12 sharp force injuries to her neck, eleven of which were stab wounds.
Gardaí immediately launched an investigation, Mr Gillane said, to identify the male whom two witnesses saw on top of Ms Murphy in the bushes by the canal towpath.
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Mr Gillane said: “The oxygen in any investigation of this type is information. Information which is relevant, material and significant.”
As the investigation continued, Mr Gillane said, it became apparent that Jozef Puska had returned to his home at Lynally Grove in Mucklagh, near Tullamore, on the night of Ms Murphy’s murder.
“At the core of the case is what Mr Puska said during his time at that address on that night and what was clearly observable about his demeanour,” counsel said.
Jozef Puska’s brothers, Lubomir Puska Jnr (35) and Marek Puska (34), gave voluntary interviews to gardaí in Tullamore two days after Ms Murphy’s death. Mr Gillane said the prosecution’s case is that they misled gardaí in those witness statements and withheld crucial, relevant and significant information.
It is alleged that Marek Puska failed to disclose that Jozef had returned home on the night of Ashling’s murder with visible injuries and admitted to killing or causing serious injury to a woman. It is further alleged that he knew of the arrangement to burn Jozef’s clothes and that Jozef Puska travelled to Dublin later that night.
Lubomir Puska Jnr, it is alleged, also withheld that Jozef returned home with visible injuries, admitted to “cutting a female”, and travelled to Dublin.
Gardai discovered Jozef Puska’s bike near Ms Murphy’s body and recovered CCTV showing him cycling around Tullamore wearing a distinctive Tommy Hilfiger tracksuit. Mr Gillane said detectives were “very interested in finding that clothing” but failed to find it in a search of the Puska home at Lynally Grove.
During the investigation into Jozefina Grundzova (31) and Viera Gaziova’s (38) actions in the aftermath of the murder, Mr Gillane said it became clear why. “Because Jozefina and Viera had burned those clothes,” he said.
In democratic societies governed by the rule of law, counsel said, cooperation is required where someone has material information relating to a “grave offence which violates the human rights of someone else”.
Following the opening speech, counsel for each of the accused admitted certain facts, including that Ashling Murphy died on January 12th, 2022 due to stab wounds to the neck. They further accepted that Jozef Puska was arrested on suspicion of her murder on January 18th, 2022 and was later convicted of her murder.
Lubomir Puska Jnr and Marek Puska are charged with withholding information, knowing or believing that the information might be of material assistance in securing the apprehension, prosecution, or conviction of Jozef Puska for a serious offence involving loss of human life or serious personal injury to another.
Both men have pleaded not guilty to the offences, which are charged under the Offences Against the State, Amendment Act 1988.
Jozefina Grundzova, who is married to Marek Puska, and Viera Gaziova, who is married to Lubomir Puska, are accused of assisting in burning clothing between January 12th and 14th, without reasonable excuse, intending to impede the apprehension or prosecution of Jozef Puska, knowing or believing him to have committed the offence of murder or some other arrestable offence within the same category or of a similar nature.
Ms Grundzova and Ms Gaziova pleaded not guilty to the offences, which are charged under the Criminal Law Act 1997. All the accused have an address at Lynally Grove, Mucklagh, Tullamore, Co Offaly.
The trial continues before Ms Justice Caroline Biggs and a jury of seven men and five women.
