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Kearney trial jury to retire tomorrow

Brian Kearney - On trial
Brian Kearney - On trial

The jury in the trial of Brian Kearney for murder is expected to begin considering its verdict tomorrow afternoon.

Brian Kearney denies murdering his wife Siobhan at their home in Dublin on 28 February 2006.

Today, the eight women and four men heard closing speeches from the prosecution and the defence.

Defence Counsel Patrick Gageby warned the jury any decision they made would be irrevocable.

He said this was a case where there was no history of violence, no history of threats of violence, no drunkenness, no evidence of jealousy, no other man, no other woman involved and no vicious custody battle in the offing.

He said the prosecution claimed Brian Kearney had killed his wife because she would put him under financial pressure if she moved into the house next door.  He said this was extraordinary as there was no shortfall of funds.

And he pointed out that male DNA found near two knots on the vacuum cleaner flex found around Siobhan Kearney's body did not match Brian, but belonged to some other unidentified man.

Earlier, prosecuting counsel Dominic McGinn told the jury there were only two possible ways Siobhan Kearney could have died, either she took her own life or Brian Kearney murdered her.

Mr McGinn said there was no sign of forced entry to the house and Mr Kearney had admitted to gardaí that she died while only himself and their three-year-old son were in the house.

He said the prosecution case was that Siobhan Kearney did not commit suicide.

Mr McGinn said evidence from her friends and family was that she had been in good, positive form in the days leading up to her death. She was making long-term and short-term plans for the future. An email she sent to her sister-in-law the night before her body was found was a very positive, ordinary, everyday email.

He also said testing of the cable flex found around her body showed it could not have supported her body weight for long enough to have killed her.

Mr McGinn said the evidence of State Pathologist Prof Marie Cassidy was the most important evidence the jury would have to look at.

He said Ms Cassidy found many injuries more consistent with manual strangulation.

The prosecution case was that Brian Kearney had gone into his wife's bedroom on the morning of his birthday on 28 February 2006 and something had caused him to put his hands around her neck and begin to strangle her. At some stage he then began to use the vacuum cleaner flex as a ligature.

Mr McGinn said the prosecution case was that he acted suddenly but intentionally and it did not have to be carefully premeditated and pre-planned to be murder.

The prosecution claims that Mr Kearney was well off 'on paper' but that he was overstretched with borrowings and needed to sell an asset to relieve the financial pressure on him.

Mr McGinn insisted separation did not suit Mr Kearney financially, and would have increased the financial pressure on him.