A jury has begun considering their verdict in the trial of a 70-year-old man who denies murdering his partner of 36 years.
Desmond ‘Des’ Duffy has pleaded not guilty to the murder of Desmond ‘Dessie’ Sullivan (59) at the home they shared in Somerville Park, Rathmines, Dublin 6 on May 23, 2016.
Justice Paul McDermott told the six men and six women there are three possible verdicts open to them: guilty of murder, not guilty of murder but guilty of manslaughter, or not guilty. Mr Duffy, he said, told gardaí and said in evidence during the trial that he was attacked and acted in self defence.
He said they had heard evidence that from about 9.15pm that night until coming up to 10pm there was an ongoing row with various levels of loudness heard by witnesses next door and on the street. A homicide, he said, is not murder if committed in reasonable self-defence. Therefore if Mr Duffy acted in reasonable self defence he should be acquitted.
If Mr Duffy believed that he was acting in reasonable self-defence but used greater force than a reasonable person would consider necessary, then he may have been guilty of an “error of judgment”, Justice McDermott said, and so would be guilty of manslaughter and not murder. He told the jury that they must assess Mr Duffy’s subjective belief at the time to assess whether he believed he was acting in self defence and then apply a “reasonable man test” to decide if the force he used was reasonable.
If the jury concludes that the prosecution has established beyond reasonable doubt that Mr Duffy didn’t believe the force used was necessary in the circumstances and that he intended to kill or cause serious injury they should reject the defence of self-defence. They must then consider whether Mr Duffy was provoked by Mr Sullivan’s actions to the point where he suffered a sudden and temporary loss of self control to such an extent that he was unable to prevent himself from committing the acts that led to Mr Sullivan’s death. If that is reasonably possible the accused is not guilty of murder, but guilty of manslaughter, he told them. To be guilty of murder the jury must be satisfied that the accused caused Mr Sullivan’s death, that he intended to kill or cause serious injury and was neither provoked nor acting in self defence.
He reminded the jury that Mr Duffy comes before the courts with the presumption of innocence and is a person who is to date of “impeccable character” and has no previous convictions.
The jury has spent just over two hours considering their verdict and will return to the Central Criminal Court on Tuesday.