Murder accused ‘racially abused’ by man he allegedly stabbed

Juraci Da Silva (36) has pleaded not guilty to murder of James Banville in Waterford last year

A murder accused was racially abused and assaulted for no reason by the deceased and another man, a witness has told his trial.

Juraci Da Silva (36), with an address at Park Lane Apartments in Waterford, has pleaded not guilty to murder but guilty to the manslaughter of James Banville at New Street in Waterford on October 8th, 2016.

The plea from Mr Da Silva, a Brazilian national, was not accepted by the State and he is on trial at the Central Criminal Court. Mr Da Silva has also pleaded not guilty to assaulting Conor Hogan causing him harm and to a charge of producing a knife on the same date and at the same place.

Melanie Byrne on Monday told prosecuting counsel John O’Kelly SC that she saw a foreign looking man, who was “minding his own business”, being racially abused. “I was kind of shocked,” she said.

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She then saw the men punch the accused “for no reason”.

It is the prosecution’s case that the two men were Mr Hogan and Mr Banville while the third man was the accused, who later stabbed Mr Banville to death.

The trial continues before Mr Justice Michael White and a jury of six men and six women.