The trial of a Louth man charged with the murder of a young German woman in 2001 concluded at the Central Criminal Court yesterday with closing speeches heard from both prosecution and defence counsels.
Prosecuting counsel Mr Denis Vaughan Buckley SC told the jury that they heard in this case "overwhelming evidence" against the accused, Mr Michael Murphy.
Mr Murphy (42), of Drogheda, Co Louth, is pleading not guilty to the murder of Ms Bettina Poeschel (28), at Donore, Co Meath, on a date on or between September 25th and October 17th, 2001. Ms Poeschel disappeared on September 25th as she walked towards Newgrange interpretative centre.
In his closing submission Mr Vaughan Buckley put it to the jury that a comment from Mr Murphy on the day of his arrest on October 27th, 2001, amounted to "an admission that the accused took the life of Bettina Poeschel". Mr Murphy is reported to have said to detectives: "Just tell that girls' parents I'm sorry for taking her life and for what I did to her. I'm so, so sorry."
"You can infer guilt from that," Mr Vaughan Buckley said.
The jury was then urged to be "on guard" and "open-minded" with the evidence by Mr Patrick MacEntee SC, defending Mr Murphy. He reminded the jury that the cause of death was never ascertained by former State pathologist Prof John Harbison.
Mr MacEntee told the jury that they would have to decide what reliance they could put on Mr Murphy's alleged confession to gardaí on the day of his arrest. "What is he sorry about? Some sort of inappropriate move? Does it prove that he killed her?" asked Mr MacEntee. "You're expected to construe 'I'm sorry' as guilt," he added.
He said that semen found on Ms Poeschel's body "proves perhaps that Michael Murphy had sexual intercourse with Fraulein Poeschel . . . does it prove that he killed her?" He told the jury that DNA evidence linking the accused with Ms Poeschel gave a "statistical probability, that's all" and said that DNA evidence "never goes beyond a statistical probability".
The jury will be addressed by Mr Justice Aindrias Ó Caoimh and sent out to deliberate today.
Daughter 'yanked out' at birth claim
A solicitor has claimed before the High Court that her infant daughter sustained a shoulder injury after being "yanked out" on delivery at the Bon Secours Maternity Hospital in Cork, in 1996.
Ms Ann O'Mahony was giving evidence during the hearing of an action for damages brought on behalf of her daughter, Emma O'Sullivan. Emma, now aged eight, is suing through her father and next friend Colman O'Sullivan.
In the action against Dr Patrick Kieran, and the Bons Secours hospital, it is alleged that during delivery of Emma on January 20th, 1996, she developed difficulty with delivery of her anterior shoulder as result of which she suffered and continues to suffer severe personal injuries loss and other damage.The defendants deny the claims. The hearing continues today.
Man denies he was paid for killing
A man accused of murdering his co-accused's former partner yesterday denied telling gardaí that his co-accused offered to pay him to do the killing.
During his second day of evidence at the Central Criminal Court, the accused Mr Paul Hopkins, contested portions of his garda statement. In particular, he denied stating his co-accused offered to pay him £5,000 to kill Mr Benson.
Ms Jacqui Noble (38), of Knowth Court, Ballymun, Dublin, and Mr Paul Hopkins (24), Sillogue Road, Ballymun, have both pleaded not guilty to the murder of Mr Benson (33), at Sandy Hill Avenue, Ballymun, on May 13th, 2000.