THE TRIAL of two young men charged with murder collapsed in the Central Criminal Court yesterday after the prosecution entered a nolle prosequi on behalf of the Director of Public Prosecutions.
Jason Curry (20), Leighlin Road, Crumlin, and Karl Fay (18) Lismore Road, Crumlin, had both denied murdering David Rooney (35) at Clonmacnoise Road, Crumlin, on July 12th, 2008.
It was the prosecution’s case that Mr Curry attacked Mr Rooney with a snooker cue while Mr Fay assaulted him with a golf club and that Mr Rooney died of his injuries in hospital 10 days after the attack took place.
Tom O’Connell SC, prosecuting, told the jury that he had been instructed by the DPP to enter a nolle prosequi on the basis that there was no further evidence.
He said: “Nolle prosequi is a Latin phrase – it is tantamount to saying I am not offering any further evidence.”
The prosecution’s case was based on the eyewitness evidence of three young brothers, the eldest of whom gave evidence via video-link in court yesterday morning.
The 12-year-old boy, who cannot be named for legal reasons, told the jury he was sitting on the wall of his friend’s house on the night of the incident when he saw two men running with their hoods up chasing a third man.
He said: “I was sitting on a wall with me mate and we saw these two men with hoods running after a man and they hit him in the back of the head, they had a big stick – a big huge wooden one.”
When asked by Mr O’Connell whether he knew any of the men he saw, the boy replied: “No, cause they had their hoods up, so I don’t know what they look like.”
In a statement read out by Mr O’Connell SC, the boy told gardaí he recognised one of the two men he saw on the night in question.
He told gardaí: “I only knew one of the guys, Jay Curry – he lives around the corner – his house is always smashed up.”
When asked by Mr O’Connell via video-link whether he remembered saying that to gardaí, he replied: “I never mentioned any names.”
The boy had told gardaí in his statement that the two men had a golf club and the twist-off part of a snooker cue, but denied having any recollection of that when questioned by Mr O’Connell.
He said: “I never said anything about a golf club, I never saw a golf club.”
Mr Justice George Birmingham thanked the jurors for their service and for their patience throughout the trial, and exempted them from further jury service for 10 years.
Addressing them, he said: “Thank you for agreeing to serve – it is not an easy task.
“Mr O’Connell outlined his case at the beginning, expecting to produce certain evidence. That expectation hasn’t been realised as the evidence hoped for hasn’t been forthcoming.”
Mr Justice Birmingham formally ordered Mr Curry and Mr Fay to be discharged.
Mr Curry remains in custody on previous charges, while Mr Fay has walked free.