Witness says he saw murder accused, wife in car

An eyewitness told the murder trial of a Dubliner, Mr John Diver, that he saw the accused in the back seat of the car his wife…

An eyewitness told the murder trial of a Dubliner, Mr John Diver, that he saw the accused in the back seat of the car his wife was driving on the night she was strangled.

A neighbour of the Divers, Mr Paul Maher, said he identified Mr Diver in the car driven by his wife Geraldine. The car turned from Kilnamanagh Road onto Walkinstown Drive in a direction out of the estate "roughly" between 9.15 p.m. and 9.25 p.m. on the night of the killing.

He said: "Mrs Diver was driving and Mr Diver was in the back seat behind the driver's seat with his arm horizontally on the head rest of the driver's seat."

But Mr Diver's defence lawyer, Mr Barry White SC, told the Central Criminal Court that security camera footage would be shown later in the trial showing Mrs Diver leaving her workplace at the Coombe Women's Hospital at 9.23 p.m.

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There would also be evidence that the journey from the Coombe to Kilnamanagh Road takes approximately nine minutes, according to Mr White.

He said the witness could not be correct and accused him of "embellishing" his evidence. Mr Maher denied this and insisted: "I seen what I seen."

Mr Diver (60), denies the murder of his 42-year-old wife, who was found strangled in her car outside Buckley's builders' providers on Robinhood Road, Clondalkin, at about 10.40 p.m. on December 2nd, 1996.

She and Mr Diver lived with their two children at Kilnamanagh Road, Walkins town, Dublin.

The trial continues before a jury of 11 men and one woman, and Mr Justice Smith.