The jury in the trial of a Co Kerry man accused of murdering his uncle was discharged yesterday after failing to reach a verdict.
After a total of 9 1/2 hours of deliberations at the Central Criminal Court, the jury returned at 5:55 p.m. yesterday. Asked if at least 10 of them had reached a verdict on which they agreed, the reply was No.
Asked by Mr Justice Paul Carney if they wanted to be sent to a hotel for a second night, the foreman replied No. Mr Justice Carney then discharged them.
Mr Eugene Daly (23), of Dooneen, Kilcummin, Killarney, pleaded not guilty to the murder of his uncle, Patrick Daly (69), at the same address on or about January 18th, 1996.
He admitted throwing his uncle's body into a disused well on his farm after he was killed. The well was filled in with black polythene and stones and "topped up" with sand, the jury heard.
The trial, which began last Monday, heard Mr Daly say he had stood by a pillar as another man killed his uncle, and that he had not participated in the killing, or planned it, contrary to uncontested statements he made to the Garda.
It also heard that Eugene Daly was "socially disadvantaged" and "outside the norm".
A psychologist gave evidence of his habit of "inappropriate smiling" and anti-social behaviour.
The prosecution said the accused might be "odd and strange" but "behind his behavioural abnormality there is a streak of cunning".
But Mr Adrian Hardiman SC, for the accused, said no one would want to convict a "severely disadvantaged, poorly equipped young man, bordering on mental handicap" unless there was "very clear evidence" that he had participated in murder.
Reminding the jury of his client's tendency to "ramble on", Mr Hardiman said: "Eugene Daly talked himself into this charge". He had been released from custody on February 8th, 1996, while the DPP had decided to charge another man with murder. The following day he telephoned gardai and by the end of that day "he was charged, too".
The decision to "go for broke" and pursue a murder charge had been made by senior figures in the DPP's office. A lesser charge related to concealment of the body should have been made.
Mr Hardiman said there was no evidence of a conspiracy to murder or of intent. Instead, the evidence suggested that "the most likely thing was that Eugene Daly was tagging along, like a little boy", doing whatever was asked of him.
During his evidence Eugene Daly told the jury: "I will walk." He said that even if convicted, he would "do 20 years and still be out a young man".
Mr Justice Carney said he would put the case into the next list of fixed dates. Mr Daly was released on continuing bail.