The prosecution case has concluded in the trial of a Dublin man accused of murdering his ex-girlfriend by inflicting multiple head injuries with a stone. He is claiming provocation as a defence, a jury in the Central Criminal Court has been told.
Mr Denis Vaughan Buckley SC, prosecuting, in his closing submissions, asked the jury to consider whether there was sufficient evidence to conclude that there was provocation by the girl against the accused.
Mr Keith Kelly (22) of Colepark Drive, Ballyfermot, denies the murder but admits the manslaughter of Ms Melanie Gleeson (15) of Colepark Drive, Ballyfermot, Dublin, in the grounds of the Dominican Convent, Lynch's Lane, Ballyfermot, on October 31st, 1995. He is claiming a defence of provocation.
The prosecution concluded its evidence on Tuesday and began its final submissions yesterday as the defence chose not to call any witnesses. Mr Vaughan Buckley said the defence of provocation required a sudden and temporary loss of self-control which would subject the accused to a passion that left him not the "master of his act".
In this case, the accused had been informed several weeks before her death that Ms Gleeson had been seeing another man, he said. Citing evidence from statements given by Mr Kelly to gardai, Mr Vaughan Buckley said the accused asked Ms Gleeson about her dealings with another man two weeks beforehand and asked: "Why didn't he react there and then on the previous occasion?"
Mr Vaughan Buckley said that the accused told gardai that on the Tuesday before Ms Gleeson's death, that he was aware she had been seeing another man but that she said she "wasn't going to see him again and we made love again".
He didn't attack her on that occasion, he didn't lose the head," counsel said. "She wasn't the one who brought up (the other man), he was the one who brought up the subject." Previously the court was told that a plea of manslaughter was not acceptable to the DPP and the jury would have to decide whether Mr Kelly murdered Ms Gleeson, or whether he was provoked into a loss of control at the time of the killing.
The jury was told that Mr Kelly had developed a relationship with the deceased and they had dated for two years on and off before her death. On the night of the killing Mr Kelly had met Ms Gleeson and they arranged a meeting later after she had given him money for some alcohol. Mr Kelly, who was 18 at the time, and Ms Gleeson had intercourse and were naked in the grounds of the convent when the row broke out. Ms Gleeson allegedly stabbed the accused with her fingernails and slapped him and Mr Kelly told gardai he hit her with a full can of cider and later said he had hit her with a stone.
The State Pathologist Prof John Harbison, concluded she had died of multiple head and brain injuries coupled with inhaled blood into her windpipe. The trial before Mr Justice Smith and the jury will resume today.