THE JURY in the Co Westmeath cold-case murder trial is expected to begin deliberating this afternoon, when Mr Justice John Edwards finishes his charge this morning.
Mr Justice Edwards outlined evidence given by both Veronica McGrath and her mother Vera as he charged the jury for a second day yesterday in the month-long trial at the Central Criminal Court.
Vera McGrath (61) has pleaded not guilty to murdering her 43-year-old husband, Bernard Brian McGrath, at their home in Lower Coole 23 years ago. Her co-accused and former son-in-law, Colin Pinder (47), of Liverpool, England has pleaded not guilty to murder but guilty to Mr McGrath’s manslaughter between March 10th and April 18th, 1987.
Veronica McGrath, daughter of Vera and Brian McGrath, was engaged to Mr Pinder when her father was killed. She is the principal prosecution witness and told the trial that she saw the defendants kill and bury her father behind the family home.
The judge said that both mother and daughter claimed that on the night of the killing Mrs McGrath went into her daughter’s caravan crying and upset. Both claimed that Mrs McGrath then wished her husband dead and Mr Pinder said he had “the very thing” to do it.
Both women spoke of gesturing between the two defendants on the walk from the caravan to the family home that night. Both said that Mrs McGrath had gone in the window of the house when Mr McGrath sustained the first blow and ended up on the ground, continued the judge.
Both women agreed that Mrs McGrath hit her husband, probably with a spanner, when he was lying on the ground. Both said that Mr McGrath had thrown a ladder at Colin Pinder, he noted.
Each woman mentioned following Mr McGrath down the lane before Mr Pinder caught up with him and hit the victim’s legs with a slash hook. Each recalled Mr McGrath telling Mr Pinder he was sorry, he continued.
Finally, both women spoke of the victim making a gurgling or rattling sound that Mrs McGrath associated with death.
The judge said that it was a matter for the jury whether these parts of Mrs McGrath’s statements corroborated her daughter’s testimony.
The judge also explained the reference to “judge’s rules” in the cross-examination of one of the Garda witnesses. “One of the things the judge’s rules requires is that a record of notes should be read back to the accused,” he said.
Supt Aidan Glacken had agreed with Patrick Gageby SC, defending Mrs McGrath, that not all interviews conducted with his client were read back to her.
“Failure to comply with judge’s rules may render the fruits of an interview inadmissible,” said the judge. “A conscious decision not to comply . . . could amount to perverting the course of justice.”
The judge also spoke of notes of another interview with Mrs McGrath having gone missing. “There is no explanation,” he told the jury. “That’s unfortunate. It doesn’t make your job any easier.”
Mr Justice Edwards will continue his charge this morning, with the jury expected to begin deliberating in the afternoon.
