Second accused cleared of Cork murder

A 24-year-old Cork man has been acquitted of the murder of a woman during a break-in at her flat in Cork city centre.

A 24-year-old Cork man has been acquitted of the murder of a woman during a break-in at her flat in Cork city centre.

On Thursday his co-accused was convicted of the murder of Ms Nora Kiely (46), at Leitrim Street on July 15th, 2002.

After deliberating for more than 11 hours, the Central Criminal Court jury found Thomas Penkert not guilty of murder.

On a separate count of robbery they found both accused not guilty but convicted them of larceny of €70 from Donal Scannell the week before the murder.

READ MORE

Penkert remained largely impassive as the verdict was read out, apart from a brief smile of relief to his solicitor, Mr John Colemen.

Ms Kiely's relatives wept in the court as the verdict was read out.

On Thursday the jury convicted Brian Walsh of murder after three hours of deliberations. In the Central Criminal Court yesterday Mr Justice O'Donovan imposed the mandatory life imprisonment.

Both Penkert and Walsh had earlier pleaded guilty to the theft of less than €20 in cash and jewellery from Ms Kiely.

During the trial the court heard that Walsh had used a large knife on Ms Kiely's body after she died to make it appear like suicide.

The State Pathologist, Dr Marie Cassidy, said the forensic evidence was "highly suggestive" of an attempted sexual assault.

Ms Kiely was strangled and subjected to a sexual assault during a robbery at her bedsitting-room at Leitrim Street.

The two men shared a flat in the same building.

The trial had heard that when gardaí arrived at the flat they found Ms Kiely's body lying on the bed naked from the waist down.

A piece of electrical cable was round her neck and a knife placed in her hand to make it seem like suicide.

Dr Cassidy gave evidence that knife wounds found on her neck and wrist were likely to have been inflicted by her killers in an attempt to make her death look like suicide.

The jury heard that a call was made to Cork Garda station shortly after the murder.

The caller threatened Sgt Michelle O'Sullivan that they would "do it again" if gardaí didn't go to where they said the murdered woman could be found.

A Garda ballistics officer told the court that a length of lamp flex used to strangle the victim was taken from her bedroom.

The trial viewed several hours of video recordings of garda interrogations of both men in which each blamed the other.

Ms Kiely, a paranoid schizophrenic, was described in court as a private person who was always well dressed.

Penkert and Walsh had admitted stealing a knife, groceries and drinks from another neighbour, Ms Teresa Tatton, on the night of the murder.

Mr Justice O'Donovan exempted the jury from further service for 15 years.

He remanded both men in custody for sentence on the larceny counts on May 4th.