A jury hearing the trial of a Chinese national who killed a Kilkenny postmaster following a robbery has been told there was an absence of evidence to prove he deliberately pointed and fired the gunshot that killed the man.
Shu Shen, formerly of The Old Rectory, New Ross, Co Wexford, admits the manslaughter of Alan Cunniffe (32) on December 8th, 2006, but he denies his murder.
Alex Owens SC, for the Director of Public Prosecutions, said the DPP would not accept Shu's manslaughter plea.
Shu (25) has pleaded guilty to stealing money over the value of €13,000 from the post office on John's Green in Kilkenny, and to possessing a firearm with intent to commit robbery in relation to the same incident.
A jury of six men and six women, in the Central Criminal Court in Dublin, heard closing speeches from counsel yesterday but will not retire to consider their verdicts until Monday.
Paul Coffey SC, for Shu, said there was no evidence to suggest Shu deliberately pointed the gun at Mr Cunniffe and fired it.
During the trial the court heard evidence from postal clerks who said Shu said "no harm", and appeared an "amateur after a few bob".
Postal clerks Heather White and Breda Cahill said Shu told them "thanks" as he left the post office on John's Green with nearly €15,000. Other witnesses gave evidence that as they saw Mr Cunniffe chasing him, the pair stopped up to three times where witnesses said Shu waved the gun at Mr Cunniffe.
"If it was his intention to use the gun to prevent contact or prevent Mr Cunniffe from grabbing the bag you would have thought he would use the gun before this happened," Mr Coffey said.
Mr Owens said the prosecution case was that, at the time the gun went off, Shu intended to cause death or serious injury to Mr Cunniffe. Shu deliberately shot Mr Cunniffe in the abdomen, the obvious result being he would suffer serious injury or die, Mr Owens said.The defendant "had a choice in this matter. He had a choice whether he was going to shoot Mr Cunniffe or going to give Mr Cunniffe back the bag. That is the start and end of the case as far as the prosecution is concerned," Mr Owens said.
He said Shu admitted he had altered the air pistol to take .22 rounds and the gun was loaded and cocked. "This is a discharge of a firearm by Mr Shen in order to get away. It was not an accident," Mr Owens said.
Mr Justice Paul Carney will complete his charge to the jury on Monday morning.