THE CENTRAL Criminal Court jury in the trial of a teenager accused of murdering another teenager outside his house on Waterloo Road, Dublin 4 has been sent to a hotel for the night after almost two hours' deliberation.
Finn Colclough (18), Waterloo Road, denies the murder of student Seán Nolan in the early hours of May 26th, 2007.
In her closing speech Mary Ellen Ring SC, prosecuting, told the jury that Mr Colclough had a plan when he picked up two knives from the kitchen of his home and ran out shouting at Mr Nolan and his friends to get away from his house.
She said this meant he was guilty of murder.
Ms Ring said there had been a suggestion that Mr Nolan had started the fight because he stepped up to Mr Colclough "some would say foolishly, some would say bravely".
She said it would have only taken a second to drop the knives when he went to push Mr Nolan away from him when a brief scuffle broke out. What had happened was not an accident. "This man did make choices. Mr Colclough had knives, Mr Nolan had nothing and therefore inferences he was defending himself - that isn't what this case is about."
For the defence, Patrick Gageby SC told the jury the prosecution were asking them to believe that Mr Colclough had a plan which he had only formed a second or two before he stabbed Mr Nolan. "Doesn't that smack of classic juvenile irrationality, lack of foresight-type stupidity you expect unfortunately from a minority of young men?" he asked.
Mr Gageby said if they had any reasonable doubt, they should not find Mr Colclough guilty of murder. He told the jury that witness evidence, forensic evidence and Mr Colclough's own account of the incident all backed up the idea that Mr Colclough had not meant to kill Mr Nolan.
Mr Justice Paul Carney told the jury they could return one of three verdicts; guilty of murder, not guilty of murder but guilty of manslaughter or not guilty.
The jury will resume its deliberations this morning.