ONE OF two men accused of the murder of two Polish men in Dublin in 2008 has pleaded guilty at the High Court to a charge of assault.
The jury in the trial of the two youths accused of murdering Pawl Kalite (28) and Marius Szwajkos (27) was sent home shortly after 5.30pm yesterday evening.
The two Polish mechanics died after being stabbed with a screwdriver outside their home at Benbulben Road, Drimnagh in February 2008.
David Curran (19), Lissadel Green, Drimnagh, pleaded not guilty to their murder but guilty to manslaughter.
Seán Keogh (21), Vincent Street West, Inchicore, pleaded not guilty. He is being tried under the law of joint enterprise. Prosecution in the case yesterday morning introduced an additional charge against him of assault causing harm to Mr Kalite, under section 3 of the Offences against the Person Act 1997.
John O’Kelly SC, for the prosecution, told the court the charge was being introduced with the agreement of the defence team.
When the charge was put to Mr Keogh later in the afternoon, he replied “guilty”.
Directing the jury of eight women and four men, Mr Justice Liam McKechnie said the jurors should use their common sense when assessing witness evidence.
Explaining joint enterprise, he said the prosecution would have to prove beyond reasonable doubt that there had been common design to kill or seriously injure the men.
The judge also emphasised the defence of provocation being used by Curran.
He said if it was “reasonably possible” the alleged acts and words of the two men who were killed could have triggered an unforeseen set of passion in Curran, then he would not be guilty of murder.
He summarised evidence for the jury before instructing it to retire. The jury then asked for further clarification on the defence of provocation, which the judge provided. It will resume deliberations at 10.30am today.
