Scientific evidence proved that Siobhan Kearney did not commit suicide and could only have been murdered by her husband, the Central Criminal Court in Dublin heard today.
Dominic McGinn, BL, for the prosecution told the jury the "inescapable conclusion" was that Brian Kearney killed his wife and tried "dress it up" as suicide.
Mr Kearney (51) of Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhan Kearney (38) on February 28th, 2006.
The accused had the motive and the opportunity to kill his wife Siobhan as prosecution, Mr McGinn said on closing the prosecution case.
But Mr Patrick Gageby SC, for the defence, told the jury to be particularly cautious of forensic and scientific evidence and suggested omissions in the prosecution case were more telling then what had been presented.
"This is a prosperous couple, a hard working couple who had come into marriage difficulties," Mr Gageby said.
While there was evidence of marriage difficulties there was no evidence of a history of violence, a history of threats, drunkenness, jealousy, a bitter custody battle.
In his closing for the defence case, he asked the jury of eight women and four men to think through very carefully what was put forward by the prosecution as motive in the case.
"The prosecution says Mr Kearney killed his wife because it would make his life difficult if she moved into the house next door."
"Ask yourself this. Does the evidence prove that he would be so broke by that, that it would put so much pressure on him that he would decide it would make the difference between I shall kill my wife or I shall not kill my wife?" Mr Gageby asked.
Earlier Mr McGinn, for the prosecution, said Mr Kearney was not in favour of what he said was the couple's planned separation and his financial situation was such that it would have exacerbated his money problems.
He referred to evidence from an accountant which suggested that Mr Kearney had paper assets worth a substantial amount of money but his bank had written to him saying he was over-borrowed.
The couple had failed to sell the hotel they owned in Spain and a letter from Ms Kearney's lawyer suggested she intended to move into the garden home they had built after separation.
"That wouldn't lift the financial pressure on Mr Kearney because he wouldn't be able to sell the house. He wouldn't be able to let it out."
"The separation would not suit him financially in fact it would increase the pressure on him," Mr McGinn said.
Counsel also argued that circumstances of Ms Kearney's death pointed to her husband's guilt. Only he and his three-year-old were at home at the time of Ms Kearney's death and the house alarms was set but had not gone off.
Scientific evidence also showed the vacuum cleaner flex found beside Ms Kearney's body could not have been responsible for death, Mr McGinn said.
It would have snapped if she had tried to hang herself from a height or, if a low-level suspension were attempted in which only part of her body was suspended, marking would have been visible on the victim.
"The flex found at the scene was a clean break, it was not a stretching break," Mr McGinn said.
State pathologist Dr Marie Cassidy had said there was evidence of manual strangulation and the three breaks in Siobhán's neck were consistent with this.
Mr McGinn said the evidence suggested Kearney had manually strangled his wife and then at some stage used the flex as a ligature around her neck.
He also noted that Ms Kearney's room was locked and the key was found on the floor inside when herdoor was forced open. Mr McGinn said the door could have been locked from the outside and the key slipped back under it.
Mr McGinn argued there were no signs from Ms Kearney's actions and demeanour in the period before her death that she would kill herself.
She was making long-term plans was looking forward to a visit from her brother's family in Italy and Mr Kearney agreed she was in positive mood.
"If it wasn't suicide the only reasonable explanation that fits in with all the evidence is that Mr Kearney killed Siobhán," Mr McGinn told Mr Justice Barry White.