Evidence suggests Kearney strangled, jury told

Siobhán Kearney died from asphyxiation due to neck compression, a Central Criminal Court jury has heard

Siobhán Kearney died from asphyxiation due to neck compression, a Central Criminal Court jury has heard. Brian Kearney (50), Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhán (38) on February 28th, 2006, his 49th birthday.

Chief State Pathologist Prof Marie Cassidy told Denis Vaughan Buckley SC, prosecuting, that Ms Kearney had shown clear signs of asphyxiation consistent with either low-level hanging or ligature strangulation.

She said Ms Kearney had a clear "tide mark" around her neck, with the skin above the line - made by the flex of a vacuum cleaner - showing marked lividity compared to very pale skin below the mark.

Pin-point haemorrhages on the face and eyes were typical of death by asphyxiation.

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There was also deep bruising to the neck area and three fractures to the Adam's apple, factors Prof Cassidy said were "more usually a factor suggestive of manual strangulation, less common in ligature strangulation and unusual in low-level suspension".

She said the fact that nothing had been found around Ms Kearney's neck would suggest that either the noose had been removed after death or she had died as a result of ligature strangulation.

Even if the cable had broken during hanging, it would be expected that the cable would still be around her neck or the end of the ligature still attached to the suspension point.

However, Prof Cassidy told Patrick Gageby SC, defending, that while it was uncommon to see injuries of this type in low-level or high-level hanging, it was not out of the question.

She said the evidence from Dr Neal Murphy and Dr Michael Norton supported the theory of ligature strangulation by an assailant as the cable would have broken too quickly to cause death by hanging.

She said that in her experience of unsuccessful hangings it would be expected for the person to fully recover within minutes, enabling them in some cases to inflict some other form of suicide.

The injuries to Ms Kearney's neck would have needed a prolonged period of hanging or for the ligature to remain constricted about the neck after death.

Prof Cassidy described a possible scenario. "She was assaulted while in bed, grabbed on the neck, rendered semi- conscious, at which point the ligature would have been applied, hastening her death."

She said Ms Kearney had some bruises on her lower body which could have been caused in a struggle with an assailant and would have been consistent with ligature strangulation.

She said the time of death was estimated to be first thing in the morning of February 28th, at some time between 6am and noon.

She stressed that these times were merely a guide since it was impossible to determine what environmental factors could have affected the temperature of the body between the time of death and the postmortem at 10pm that evening.

She agreed with Mr Gageby that it was possible Ms Kearney was still alive at 7.55am on the morning of her death.

The trial continues on Monday afternoon before Mr Justice Barry White and a jury of eight women and four men.