A trial judge yesterday directed a jury to find a west Cork man not guilty of the murder of his wife on Christmas Eve three years ago. The husband still faces other charges, including manslaughter, and two of his sons remain accused of their mother's murder.
One of the sons yesterday admitted before the jury that he strangled his mother and killed her, but said he did not intend to do it. His employers, a neighbour and a schoolteacher gave evidence in his defence.
Mr Joseph O'Brien (49) and his sons, Kieran (23) and Noel (22), were charged with the murder of Ms Julia O'Brien (44) at the family home in High Street, Drimoleague, Co Cork.
Mr Justice Quirke told the jury that, arising out of an application made to him, he was withdrawing the charge of murder of his wife against Mr Joseph O'Brien. There was insufficient evidence of intent on the part of Joe O'Brien to justify the charge of murder, the judge said.
He directed the jury to enter a verdict of not guilty of murder for Mr Joe O'Brien. However, he pointed out, that all the other charges against Mr O'Brien remained. Mr O'Brien faces three other counts of manslaughter, assault occasioning actual bodily harm and common assault of his wife.
Kieran and Noel O'Brien also continue to face those charges in addition to the charge of murder of their mother.
As the trial continued yesterday afternoon, defence counsel Mr Patrick Gageby SC called Mr Kieran O'Brien to the witness stand. The defendant told him that on the day before his mother died he had worked about 13 hours and drank "roughly eight pints" that night before returning home at about 12.30 a.m.
His brother, Noel, was asleep downstairs, he said, and his mother and father were in their bedroom upstairs.
He went to the cupboard and fridge to look for food, but there was none. This was "not usually" a surprise, but his mother had promised him she would not drink that Christmas so he felt "disappointed and cross".
He believed his mother had been given £140 by his father to buy groceries. He went upstairs and confronted her about the money.
His mother was swearing at him and told him he could buy the food himself. She kept giving him more abuse. "I hit her three or four times," he said. He had never done this before, and after he left the room he felt very bad about it.
In his bedroom he removed his shoes and undressed to his shorts.
He got into bed and fell asleep. The next thing he remembered was his brother coming in with his face covered in soup, "roaring and shouting" that their mother had thrown it on him.
Kieran told the jury he went to the upstairs bathroom with Noel and washed his face with a cloth. He then followed him downstairs in his shorts. His mother was continuing to shout abuse at Noel. Then Noel pushed her and she fell, hitting her head off the ground.
Mrs O'Brien got up and continued to abuse them, he said, and Noel hit her again on the face and head, and then kicked her.
Kieran said he then pulled Noel off his mother and told him to stop, but Julia then caught him by the leg with both her hands. "I kicked her with the other one a few times," he said. He kicked her three or four times but had no shoes on.
"Then I caught her by the throat and started shaking her throat, and told her to stop drinking and go to bed and basically to cop on". He agreed with his counsel that he hit his mother's head against the ground two or three times.
He accepted that he had caused his mother's death, but had not been aware of the danger and did not think she was dead when he went to bed. He had first thought it was Noel who had caused her death.
Asked by Mr Gageby what caused him to lose control, he said he was after `a long day's work and had not had much sleep" and his mother had broken her promise to him. If he could turn back the clock it wouldn't have happened.
He told Mr Maurice Collins, for Mr Joseph O'Brien, that his father took no part in what happened with his mother upstairs and was not present when Noel and himself assaulted her downstairs.
Mr Kieran O'Brien's employer at a supermarket in Drimoleague, Mr Sean Collins, told Mr Gageby it was common knowledge that Julia O'Brien had an alcohol problem. Kieran was a manager at his shop. "He was more family than employee".
A tearful Mr Collins said he would trust Kieran with his life.
His wife, Mrs Ann Collins, told the court of the thoughtfulness and kindness of Mr Kieran O'Brien.
The trial continues today before Mr Justice Quirke and a jury.