A Central Criminal Court jury has begun its deliberations in the trial of three men accused of the murder of a Croatian national in Dublin last year.
It is the prosecution case that Mark Lee (44), Anthony Delappe (19) and Connor Rafferty (21) engaged in a joint enterprise when they assaulted Josip Strok (31), who died four days later from blunt-force injuries sustained in the attack.
The jury has been told, however, by Ms Justice Mary Ellen Ring, that while they are considering the case against three men which may involve common evidence, ultimately each accused is to be seen as an individual.
“It isn’t a domino effect, all down one down. You have to record a verdict in relation to each accused,” said Ms Justice Ring.
RM Block
Mr Lee, of no fixed abode, and Mr Delappe, of Melrose Avenue, Clondalkin, Dublin, have both pleaded not guilty to murder but guilty to the manslaughter of Mr Strok at Grangeview Way in Clondalkin on April 3rd, 2024.
Mr Rafferty, of Castlegrange Close, Clondalkin, has pleaded not guilty to Mr Strok’s murder. All three have pleaded guilty to assault causing harm to Mr Strok’s friend, David Druzinec (29), at the same location.
The jury heard from the prosecution that on March 30th, 2024, Mr Lee was told of an alleged assault on a teenage boy at a bus stop near his home in Clondalkin and alerted the two other accused. The prosecution alleges that the three then followed Mr Strok and Mr Druzinec and assaulted them in the street.
Seoirse Ó Dúnlaing SC, for the Director of Public Prosecutions, told the jury Mr Lee had used his feet and fists to kick, stamp and punch Mr Strok. Mr Delappe, he said, had used “brutal” force in repeatedly striking Mr Strok with a hard plastic pickaxe handle. Mr Rafferty, he said, joined in by striking Mr Strok three times with one half of a crutch after Mr Strok had stopped moving.
Barristers for all three accused said the prosecution had failed to prove that their clients had the necessary intent for murder.
Concluding her charge to the jury of six men and six women on Wednesday, Ms Justice Ring reminded them that when they consider the charge of murder, they must look at what was intended by the accused men.
She said in relation to statements made by the accused to gardaí, in which each man talks about his actions on the day, the jury can only consider as evidence any references each man made to his own actions. She added there may be common ground in these statements that help the jury to determine the credibility of what was said.
She told the jury their verdict must be unanimous, and while they are considering the case against three men which may involve common evidence, ultimately each accused is to be seen as an individual.
The jury will continue their deliberations on Thursday.
