DELIBERATIONS BY the jury in the trial of Dundalk man Michael Dermot McArdle, who is accused of killing his wife Kelly-Anne Corcoran on holiday in Marbella in 2000, are set to continue for a second day.
Jurors left Malaga's Criminal Court at 7.30pm yesterday to retire to a hotel after more than six hours of deliberations failed to produce a verdict. Court sources told The Irish Timeslast night that an outcome is likely during today.
A meeting room at the hotel was made available to the jurors, should they want to continue their deliberations into the night.
The trial was described by judge Fernando González as "highly complex" before he sent the jury out to begin deliberations at 1pm.
Proceedings had resumed yesterday morning in camera with a detailed review of the key issues by the defence and prosecution.
The nine jurors were tasked with deciding between three outcomes - acquittal, manslaughter or murder - after state prosecutor Carlos Yañez opted on Friday to amend his initial request and call for a verdict of manslaughter, carrying a four-year jail term, instead of the original charge of murder.
However, a parallel prosecution brought by the Corcoran family, many of whom were present once again in court yesterday, is still seeking a murder conviction and a 15-year sentence for Mr McArdle.
Mr Yañez says he now believes that Mr McArdle (39), pushed Ms Corcoran during a heated argument on the balcony of their Costa del Sol hotel room on February 11th, 2000 and then tried to save her from falling to her death.
Mr McArdle, who has insisted throughout that his wife tripped and plunged to her death as she rushed to stop one of their two young children from falling over the rail, denies the charges.
In court it emerged that Mr McArdle had twice rejected an offer from the State prosecutor to admit guilt in return for a downgrading of the murder charge. The second rejection came just hours before the trial began last week.
"I could not accept because I am innocent," he told the jury in an emotional closing statement.
During his 20-minute direction yesterday, the judge impressed on the jury the importance of its "difficult but noble task" and urged the nine members "to be brave and convict" if they believe that Mr McArdle had caused the death of his wife.
However, he also stressed that they had no choice but to return a verdict of not guilty if they consider the case has not been proven.
"Under Spanish law the defendant is innocent until proven guilty and therefore if there is even the slightest doubt in your minds you must acquit him," said the judge. Seven of the nine jurors must find against Mr McArdle in order to deliver a guilty verdict, whereas an acquittal requires just five votes.
As Mr McArdle listened through his court-appointed interpreter, the jurors were also informed that, if they agree on the lesser charge of manslaughter, they can recommend a suspended sentence or pardon, even though their recommendation is not binding.