Evidence in O'Reilly trial concluded

The Central Criminal Court judge in the murder trial of Joe O'Reilly has told the jury that the evidence in the case has concluded…

The Central Criminal Court judge in the murder trial of Joe O'Reilly has told the jury that the evidence in the case has concluded.

Mr Justice Barry White was speaking at the end of the defence evidence today. He told them they still had to hear three speeches, from the prosecution, the defence and then his own charge.

He said that during his own charge, he was obliged to summarise the evidence and give them directions of law.

"Rest assured I am not going to go through every word of every witness," he said. "I will perhaps divide the evidence into five or seven separate parts and then I have a duty to put before you the defence and prosecution case with impartiality," he added.

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He told them he it was likely they would be sent out to consider their verdict on Friday lunchtime.

He explained: "once you retire to consider your verdict, all 11 of you must stick together."

He also said that if they haven't reached their verdict by 7pm on Friday, they would have to stay in a hotel and he asked any of them who may have a problem doing that, to let him know beforehand.

Earlier the court heard evidence from the alibi of murder-accused Joe O'Reilly hat he could be wrong about seeing Mr O'Reilly in the bus depot before 11am on the morning of the murder.

The court already heard that Mr O'Reilly told gardai he was with his co-worker Mr Derek Quearney inspecting posters in the Broadstone bus depot on the morning of the murder.

Mr O'Reilly (35) of Lambay View, Baldarragh, Naul, Co Dublin has pleaded not guilty to murdering his 30 year-old wife and mother of two, Rachel O'Reilly, at the family home on October 4th 2004.

Mr Quearney (46) originally from Ballyfermot in North Dublin told defence counsel Mr Patrick Gageby SC he got to know Mr O'Reilly in 2002.

Mr Gageby told Mr Quearney that he wanted him to tell the court about his movements from 8am on, on the morning of the murder.

Mr Quearney replied: "I met with Joe about 8am. We had arranged to go in and do an inspection in Broadstone bus depot. Joe headed on in." Mr Quearney followed later.

Asked what time he arrived in the depot, Mr Quearney said about 9.30am.

He said he then inspected 4 or 5 buses that were in the pits at the time. Asked to give a 'figure of time' he thought that was, he said: "approximately ten to ten or 10 o'clock."

He said he met Mr O'Reilly at this stage and started another inspection. "Myself and Mr O'Reilly went away and inspected all the buses that were parked in the Phibsboro garage."

"When we were finished, I stepped back and I said I'd go down to Broadstone. There were approximately 4 or 5 buses there." After that, he said he went to the neighbouring Phibsboro bus garage where he met up with Mr O'Reilly for the second time.

Asked what time this was, he said: "Maybe 10.30." When Mr Gageby asked him what time they left the Phibsboro Broadstone Bus garages, he explained that more buses came in and they inspected them together before leaving at around 11.00am.

He said they left in separate cars and that as they were trying to exit the garage, a bus stopped and let them out. "Joe was right behind me at that stage," he said.

Mr Gageby then asked him about a number of interviews he gave to gardai. He said the first statement he gave was on the evening of the murder and that the next one was two days later on October 6th.

He also described being arrested on November 16th: "I was asked to go over to the Sheldon Park Hotel for more questioning. There were some detectives there. After some questioning, I was taken outside and arrested."

He said he was then brought to Balbriggan garda station and kept in custody for "about 40 hours."

He said: "gardai went through my statement and were expressing that I must be wrong in my statement."

He said the gardai then showed him a record of the calls he made to Mr O'Reilly and asked him whether he could be wrong about the times.

"I then said it was possible I could be wrong in the timing."

Referring to phone evidence gardai showed him, he said: "gardai were showing me the phone evidence and saying 'your phone was in certain areas when Joe's was bouncing of other masts on the north side'."

He said: "as a result of that, I said it was very possible my timing was wrong."

He added: "I don't understand how I could be wrong because I still remember that as the way we did it- the inspections."

He said gardai told him there was a 30 or 40 minute time gap between the times he said he saw Mr O'Reilly.

"I said it is possible but that is not the way I remember it. If there is a 30 or 40 minute absence, I can't explain how that 30 or 40 minute time gap elapsed."