A man accused of killing his wife ten years ago exaggerated his level of drunkenness when gardai called to his home, the Central Criminal Court heard today.
John Diver of Kilnamanagh Road, Walkinstown, Dublin, denies murdering his wife Geraldine (42) at Robinhood Road, Clondalkin on December 2nd 1996.
Mrs Diver was found, with a tie around her neck, in the front seat of her car outside Buckley's builder's providers around 10.40pm.
On the fifth day of the trial today, Inspector Michael Fitzpatrick said that he felt that Mr Diver was pretending to be drunk on the night he went to tell the accused that a woman's body was found in the family car.
Initially he thought Mr Diver was drunk, as he could smell drink off him, was unsteady on his feet, and his speech slurred.
Afterwards he felt Mr Diver "was not drunk at all," Insp Fitzpatrick told prosecution counsel Edward Comyn SC.
He said he called to the Diver house shortly after midnight - less than two hours after Mrs Diver's body was discovered. Initially Mr Diver did not want to open the door, but when gardai were eventually admitted they found the accused in his dressing gown and slippers.
The accused told gardai his car "was in the drive way," and that "Geraldine was at work."
On several occasions Diver asked the Inspector, "Who are you?" burst into tears, and went into a rant. Some of the things he said made no sense, the jury heard.
Gardai also made contact with neighbours and relatives of the Diver family and tried to sober him up by giving him coffee.
Under cross-examination by defence counsel Brendan Grehan SC, the inspector said he made two statements, one in late December, the second in July 97.
He admitted he did not include his opinion that Mr Diver was feigning drunkenness in the first statement but he had doubts from a very early stage.
He said that his first statement was one of fact, rather than opinion. He was subsequently asked to make a second statement, in which he included his opinion that Mr Diver had pretended to be drunker than he was.
The Inspector said he did not know at the time that earlier that day Mr Diver had received a cheque for IR£20,000 as part of his retirement package.
Sergeant Maurice Cunningham, who accompanied Insp Fitzpatrick to the Diver house, said in response to prosecution counsel Mr Shane Murphy SC, that while Mr Diver might have had drink taken that night his actions were exaggerated.
At one stage that night he ensured that Mr Diver got up the stairs and got into the bedroom, as he appeared unsteady on his feet.
When they were in the room Mr Diver said Geraldine "came and went as she pleased," that she "had her boyfriends," and that he loved Geraldine, but "she didn't love him.
Sgt Cunningham said he made two statements in relation to what happened that night. He did not mention in the first statement that he felt that Mr Diver was feigning being drunk, because it was his opinion and not a fact.
However, he included those details when asked to make a second statement several months later.
Mrs Eileen Kenny, a neighbour of the Divers who was asked to come to the house by gardai that night, said that when she went into the house Mr Diver was not himself.
He offered her a glass of wine to drink, and said that "he loved his wife and that was it."
Under cross-examination from Mr Grehan she said she had never seen him drunk before. She did not think the accused was intoxicated on the night, even though that was in her original statement.
She said that the phrase was included by mistake and she subsequently had it amended.
Ms Marian Joyce, who worked at the Coombe Hospital, said that she was friendly with Mrs Diver for many years.
She rang the Diver household in early January 1997, to see how they were getting on. She said that John Diver told her that he had gone out of the house on two occasions on the night of December 2nd, and that he got soaked because it had been raining.
He also admitted having some wine to drink, and that he was worried about paying a visa bill.
Mr Diver also said to her that he had been seen in the back of the car, but added, "that it could have been anyone."
Under cross-examination from Mr Grehan Ms Joyce said that she was aware that Geraldine Diver was seeking a separation, and that she was seeing somebody else, but was not aware of the full details.
The case, being heard by Mr Justice Philip O'Sullivan and a jury of five women and seven men, continues.