Kearney jury about early conclusions

The jury hearing the trial of Brian Kearney who is charged with murdering his wife Siobhan was today warned not to draw early…

The jury hearing the trial of Brian Kearney who is charged with murdering his wife Siobhan was today warned not to draw early conclusions about the case.

Sending the jury home for the weekend at the conclusion of the prosecution case, Mr Justice Barry White also reminded the jury to ignore media coverage of the trial.

"At the end of the day it's the decision of the 12 of you and only the 12 of you," he said.

Mr Kearney (51) of Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhan Kearney (38) on February 28th, 2006.

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Mr Justice White told the jury of eight women and four men that legal argument in the case was not finished.

"I'm asking you at this stage not to be rushing to judgment of drawing any conclusions as to what happened in Mr and Mrs Kearney's home this day, two-years ago."

The court today heard a forensic accountant telling the court that Mr Kearney had net assets of €5.1 million.

Accountant Toni Massey said there were borrowings of €844,456, against the family home in Goatstown with mortgage repayments totalling €15,300 a month for a home and garden the couple had built and the Hotel Salvia, which the couple owned in Spain.

Mr Kearney had received a letter from his bank telling him borrowing was "outside the usual lending criteria" which the court heard would normally fall within 40 to 45 per cent of income. The bank was lending 64 per cent Ms Massey told the court.

Ms Kearney had net earnings of €118,586, she said, which over 12 months left him with an income of €9,882.

Questioned about the financial viability of Mr Kearney's situation, Ms Massey said: "They needed to sell an asset to relieve the €850,000 that they had borrowed on the family home to build the house and the garden and if they had done that there would be no significant financial pressure, they would be mortgage free".

Under cross-examination from Mr Patrick Gageby SC for the defence, Ms Massey was shown documents from Mr Kearney's family business Associated Electrical which she agreed showed two term deposits of €500,000 which supported the suggestion the company was selling property it owned.

She said there was no question that company was profitable. Had it been liquidated Kearney, who had a 25 per cent share in the company, would have received €1.355 million although he would have to pay capital gains tax on it, Ms Massey told the court.

The court also heard from Garda John Phelan who searched the Goatstown home and found a blue 2006 diary in the hot press. It had entries from January 27th until February 27th.

Mrs Kearney's sister Anne Marie Sparkes told the court the hand writing was Siobhan's.

Also in the hot press was Mrs Kearney's passport wrapped in sheets under clothing on the top shelf.

The Prosecution led by Denis Vaughan Buckley SC closed its case today. The trial is due to continue on Monday.