THE JURY in the trial of a man accused of murdering a Google employee by stabbing him following an altercation in the street is due to begin its deliberations this morning.
Dane Pearse (22), Londonbridge Drive, Irishtown, Dublin, denies murdering Mark Spellman (26), Dalkey, Co Dublin, on Londonbridge Road, Irishtown, on August 4th, 2007.
In his closing speech, Diarmaid McGuinness SC, defending, told the jury that Mr Pearse accepted that "he and his knife caused the death of Mr Spellman". Mr McGuinness said the issue was "how that came about and what the accused man's level of culpability was".
He said the prosecution had to persuade the jury that Mr Pearse intended to kill Mr Spellman or cause him serious injury. The prosecution must also rule out that the incident was an accident or that Mr Pearse was provoked or that he had acted in self-defence. The jury earlier heard that Mr Spellman and two male friends were walking home from a work night out when he became involved in a confrontation with Mr Pearse, who was heading home from the pub with his girlfriend.
Words were exchanged and Mr Spellman kicked Mr Pearse in the chest, knocking him to the ground. Mr Pearse went into his house and took a baton and a knife and ran around a corner towards the men.
The jury heard that Mr Pearse ran at Mr Spellman and they fell through a gate into a garden. Mr Spellman suffered two stab wounds to his chest and abdomen and Mr Pearse received an injury to his arm.
Mr McGuinness told the jury that it must decide if Mr Pearse was a "cold-blooded killer with murder in his heart and mind", or whether he acted in self-defence or excessive self-defence or was so provoked that he lost control.
Mr Pearse's account was that he intended to frighten Mr Spellman and "froze" when he did not run away. Mr Pearse told gardaí that Mr Spellman grabbed him by the collar and they fell into a scuffle.
Mr McGuinness said there was naturally a great degree of revulsion towards anyone who had a part in bringing about the death of Mr Spellman but the case must not be tried on sympathy or prejudice.
He said that from the moment Mr Pearse learned of Mr Spellman's death, he freely admitted going back for the knife, "albeit with the intention of frightening Mr Spellman".
Mr McGuinness pointed to the testimony of Mr Spellman's friend, Finbarr O'Mahoney, who said it was possible that Mr Spellman had said "come on, come on, let's have you".
Mr Justice Paul Carney has charged the jury in relation to the law in this case and is expected to send it out this morning.