Trial told murder accused tried to rape sister

A Co Kerry man dumped his sister's body in the sea after beating her and strangling her to death, the Central Criminal Court was told yesterday.

In court in Ennis yesterday, Diarmuid McGuinness SC also told a jury there was evidence that Robert O'Brien (27), St John's Park, Castleisland, Co Kerry, also attempted to rape his sister, Elizabeth McCarthy (32) on September 28th, 2004.

A settled Traveller, Mr O'Brien denies the murder and attempted rape of Ms McCarthy at The Quay, Blennerville, outside Tralee.

On the first day of the trial before Mr Justice Paul Carney, Mr McGuinness told the court that Ms McCarthy was last seen in Mr O'Brien's car on September 28th after both were at the Earl of Desmond hotel, where Ms McCarthy attended the wedding of a cousin.

The mother of three children, aged six, four and two, was reported missing by her family the following day before her body was found washed up, snagged on barbed wire, on a tributary river of the River Lee on September 30th.

The local man who found it first thought from a distance that the body was a shop dummy or mannequin.

Mr McGuinness said that a postmortem carried out by assistant State Pathologist Dr Margaret Bolster found that Ms McCarthy had been strangled.

"The postmortem found that there was no evidence of drowning and blood tests found that Elizabeth McCarthy died before her body entered the water."

Mr McGuinness also said that there was evidence of blunt injuries to Ms McCarthy's body and head and bruising to her neck.

He added that there was evidence that Mr O'Brien attempted to rape his sister.

Ms McCarthy's body was found partially clothed and the postmortem examination found that there was multiple bruising found on her inner thighs.

"The general condition of her body allowed the pathologist to conclude that Ms McCarthy was attacked and she resisted fiercely," he said.

"The inevitable conclusion is that Robert O'Brien crossed the line and murdered his sister and then attempted to dispose of her body in the sea."

Mr McGuinness also said that Mr O'Brien behaved in a manner that was extremely suspicious in the days after the alleged crime. "It is circumstantial evidence and may not be much in itself, but he did not attend his sister's funeral."

In evidence, their brother, Michael O'Brien, said that the last time he saw his sister alive was in Robert's car after the wedding. Michael said that he was in the car for only 60 seconds and during that time, he admitted that he had slapped his sister.

Mr O'Brien told the court that he got out of the car to go to the toilet and Robert drove off. Michael O'Brien then got a lift with his sister Kathleen.

Mr McGuinness told the court that the two were later spotted by a routine Garda checkpoint in Tralee.

Michael O'Brien told the court that he asked Robert the following day where Elizabeth was. He said: "He told me he dropped her off at the South Dock housing estate in Tralee."

The trial, before Mr Justice Carney and a jury of seven men and five women, continues today.