THE JURY will resume deliberations at the Central Criminal Court this morning in the trial of a Dublin man charged with the murder of Limerick man Shane Geoghegan.
Mr Geoghegan (28), captain of his rugby team at Garryowen, was shot dead near his home in a case of mistaken identity on November 9th, 2008.
Barry Doyle (26), a father of three, Portland Row, Dublin, has pleaded not guilty to his murder at Clonmore, Kilteragh, Dooradoyle in Limerick.
Mr Justice Garrett Sheehan yesterday summarised the defence and prosecution cases for the jury.
He said the prosecution relied upon Mr Doyle’s confessions in Garda custody, along with the evidence of Victoria Gunnery, the mother of one of his children, and the evidence of April Collins.
Ms Collins had given evidence of Mr Doyle’s involvement in a conspiracy to murder John McNamara, the man believed to be the intended target in the shooting.
Ms Gunnery testified she had discussed the murder with Mr Doyle afterwards, asking him how he was going to live with himself. She said he had told her: “If it wasn’t the wrong man, there wouldn’t be so much hype.”
Mr Justice Sheehan said the defence maintained Ms Gunnery’s evidence did not support the prosecution.
“The defence says you cannot rely on the evidence of April Collins,” he said, pointing out that the defence described her as a person of bad character with an improper motive.
The defence also claimed Mr Doyle’s confession was the result of inducement in the form of threats and promises relating to Ms Gunnery.
The court had heard the daughter of Mr Doyle and Ms Gunnery had a heart complaint and that Mr Doyle thought she was going for a hospital check-up on the morning they were both arrested.
“Do the right thing. Don’t keep Vicki away from the young one longer than she has to be,” he was told in one of the interviews before he confessed.
The defence contended that even if the jury decided his confession was not as a result of inducement, its content was inconsistent with the other evidence, including forensics and ballistics.
The judge said the jury could observe Mr Doyle’s queries relating to Ms Gunnery. It had the evidence of Mr Doyle taking off his rosary beads from around his neck and asking they be given to Mr Geoghegan’s mother.
The judge told the 11 jurors it may be dangerous to convict someone on a confession alone, without corroboration, but said they could do so if satisfied beyond a reasonable doubt that it was true.
He said corroboration was independent evidence which implicated Mr Doyle and they could find it in the evidence of Ms Collins and Ms Gunner, as well as in the ballistics.
“But that’s a matter for you,” Mr Justice Sheehan added.
The jurors deliberated for an hour and a half yesterday before being sent home for the night.
The foreman asked if they could resume their deliberations early this morning, saying they wanted to give it 100 per cent.