A murder trial has been told that a woman was dead before she entered the water at Blennerville outside Tralee in September 2004.
On the third day of the trial at the Central Criminal Court before Mr Justice Paul Carney in Ennis yesterday, Assistant State Pathologist Dr Margaret Bolster told the court: "There is no evidence of drowning and I believe that Ms McCarthy was dead before she entered the water."
Robert O'Brien (27), Castleisland, Co Kerry, denies the murder and attempted rape of his sister, Elizabeth McCarthy (32), at the Quay, Blennerville, Co Kerry, on September 28th, 2004.
Dr Bolster told the court that Ms McCarthy died from mechanical asphyxiation and suffered multiple blows to her head and body. The injuries to her neck were caused by strangulation, possibly by one hand.
The court was also told of more than 100 separate injuries, including bruising and abrasions, to her legs and arms. Dr Bolster said the injuries to Ms McCarthy's left and right arms were consistent with a struggle. On her left leg, Dr Bolster recorded 33 injuries and, on her right leg 17 injuries, including two old bruises.
Dr Bolster said multiple bruising to her inner thighs were consistent with her legs being forced apart in an attempted rape.
Ms McCarthy was last seen with her brother Robert after they attended a wedding on September 27th. Her body was found on September 29th washed up in a tributary of the River Lee outside Tralee.
Their father, Michael O'Brien snr, told the court that he asked Robert where he dropped off Elizabeth after the wedding as she did not arrive home that night."Robert told me that he dropped Elizabeth off at South Dock, Tralee. He said that she wanted to get out there. I asked him 10 times and he told me 'South Dock'."
Mr O'Brien said that he did not see Robert at Elizabeth's funeral nor did Robert go to where her body was discovered.
Another brother Martin told the court that he asked Robert on September 28th where was the brown jacket that he was wearing on the night of the wedding. "Robert told me that he gave it to Elizabeth and put it on her."
The case continues on Tuesday.
