A man accused of killing a woman with a lump hammer in Dublin has gone on trial for murder at the Central Criminal Court.
John O'Neill (56), Mercer House flats, Mercer Street, Dublin, has pleaded guilty to the manslaughter but not guilty to the murder of Rosemary Dowling (49) at his flat between October 24th and 25th last year. Her body was found wrapped in bedclothes near his flat in the early hours of October 25th.
Opening the case for the prosecution, Gerard Clarke SC said Mr O'Neill had told gardaí that while he and the victim began to engage in sexual activity, she bit his penis. "There is some evidence he had an injury to his penis. He says he so lost control of himself that he did what he did." Mr Clarke added: "The defence say he was so provoked, within the legal meaning of the term, that what he did was manslaughter. The prosecution say no, in relation to the injuries in particular, what he did does not fall within the grounds of provocation."
Ms Dowling died from at least 14 blows to the head with a lump hammer. Her skull was fractured in three places. Embedded in a cut to her throat was a piece of blade, the matching part of which was found in Mr O'Neill's flat.
Mr Clarke said Ms Dowling, a mother of two from Home Villas, Donnybrook, ran a second-hand record shop on Aungier Street.
On Monday, October 24th, she was locking up the shop when at about 7.45pm, Mr O'Neill passed by. They were seen walking some distance together. It seemed they went back to Mr O'Neill's flat.
Mr Clarke said Mr O'Neill was next seen at about 8.50am with a Dunnes Stores carrier bag containing clothes, which he put into a big aluminium bin at the flats. This was later found to be the clothing of Ms Dowling.
Anthony Hollywood said he was on his balcony at Mercer House flats when he saw Mr O'Neill, whom he knew, with a woman who looked to be in her 50s. He said Mr O'Neill looked like he had a few drinks on him.
The two appeared to be "in great form, laughing". He said Mr O'Neill would not be known as anybody who could have done what happened in this case.
David Hurley, who was attending Dublin Business School, said he had seen a woman, whom he knew from passing by locking up her shop, on the night of Monday 24th. He said a man arrived and they were both speaking loudly.
Asked by Brendan Grehan SC, defending, if they both appeared to have had some drink he said: "More so the lady, at the time."
The trial continues today.