A jury at the Central Criminal Court has been told a 63-year-old man was allegedly murdered at his home in an attempt to cover up a robbery.
A brother and sister have gone on trial accused of murdering Thomas Horan at his home in Dublin in January 2014.
28-year-old Kenneth Cummins and 37-year-old Sabrina Cummins, from Ringsend Park, Dublin 4, have both pleaded not guilty to murdering Thomas Horan at Cambridge Court, Ringsend, Dublin 4 on 6 January 2014.
The trial is expected to last up to five weeks.
Mr Justice Tony Hunt told the jury that one of the accused, Kenneth Cummins had chosen not to be present in the court during the trial.
The judge said this was "an entirely voluntary decision on his part", adding "he has applied not to present during the trial and I can't see any reason for his wish not to be acceded to.
He is in the precincts of the court, he is available to us if necessary and he may change that decision." Judge Hunt told the jury members they should draw "absolutely no adverse inference" from this.
He said Mr Cummins' lawyers were in a position to conduct the case on his behalf.
Court hears of attempts made to poison Thomas Horan with cleaning fluid
Opening the case for the prosecution senior counsel Remy Farrell said the jury would hear evidence that Thomas Horan had been severely beaten, had a belt placed around his neck and a bag over his head.
Attempts had been made to poison him by forcing cleaning fluid down his throat.
He said it was the prosecution's case that Kenneth and Sabrina Cummins had called to the 63-year-old's one bed room apartment in a senior citizens' complex with the intention of robbing him.
The prosecution alleges they then decided to kill him. Mr Farrell said every step they took in the aftermath was an attempt to cover their tracks.
The jury was told that 63-year-old Thomas Horan was a separated man who lived alone at Cambridge Court in Ringsend in Dublin. In the early hours of 6 January 2014 a 999 call was made by a woman who gave her name as Joanna.
She said she had found her friend dead at his home. The address given was either incorrect or unclear and gardaí phoned the mobile number from which the emergency call was made.
The call went to the voicemail of a woman named Sabrina. Gardaí in the area then came across Sabrina and Kenneth Cummins. Sabrina Cummins identified herself as the person who made the 999 call.
She said she had looked through the window of Mr Horan's flat and could see him lying on the floor. She seemed agitated and arranged to meet gardaí later to give a more detailed statement.
The jury was told that gardaí later became suspicious because the location of Mr Horan's body meant it could not have been seen through the window as claimed by Sabrina Cummins.
There was also a strong smell of white spirits in the room and Mr Horan had tracksuit over his face.
Post-mortem examination results later showed he had head, neck and chest injuries consistent with a severe beating.
Mr Farrell said it became clear that this was not an accidental death and they were dealing with a murder. He said in the meantime Sabrina Cummins had not kept any of her appointments to meet gardaí and had effectively gone to ground and was impossible to contact.
She and her brother Kenneth were arrested two days later.
Mr Farrell said it was the prosecution's case that Sabrina and Kenneth Farrell has gone to Mr Horan's flat to get money from him and then decided to kill him.
"They did this by beating him, placing a belt around his neck and a bag over his face and there was an attempt to poison him by forcing cleaning fluid or some other liquid down his throat and that this was done to cover up a robbery and that every step they took in the aftermath was to cover their steps, including making a 999 call in a false name.
He said the actions of Kenneth and Sabrina Cummins were calculated and deliberate. " After hearing the evidence you will be left in no doubt that together they participated in the killing of Thomas Horan and that they did so in a deliberate fashion.
He said the jury would have to consider what the accused intended and the natural and probable consequences of giving a brutal beating to a 63 year old man, strangling him with a belt, placing a bag over his head and attempting to administer cleaning fluids. He said the jury would be left in no doubt there was intent to kill or cause serious harm.
The trial before a jury of six men and six women is expected to last five weeks.
The jury heard a recording of a 999 call in which a woman can be heard saying she found her friend dead in his home.
She told the operator she had a key to his home and had found him dead beside his bed and that she did not know if he had a heart attack or not.
Court hears from Garda Ciaran Sweeney
A garda who attended the scene said he had observed Kenneth and Sabrina Cummins in the area and had spoken to Sabrina Cummins who was acting erratically and was at times calm and at times hysterical.
He said she had described Mr Horan as a type of foster father to her. She had also told him she had earlier heard an old lady screaming from the direction of Cambridge Court. She then took him to Mr Horan's apartment and she was made to stay outside and kept asking "is he dead?" while making repeated attempts to get into the flat.
Garda Ciaran Sweeney said there were a number of changes to Ms Cummins' story. He said she had told him at first she had keys but then said she did not have keys but her bag was inside the flat and she wanted to get it.
Garda Sweeney said Ms Cummins had said she had seen Mr Horan's body through the window of the apartment but he believed from his examination of the scene that this would have been impossible.
He took details from both Sabrina and Kenneth Cummins and made arrangements to contact them later to take a statement.
He said Ms Cummins also made a phone call at one point and could be heard saying:" yeah it’s me it’s bad news Tom's dead."
He said she then explained to the person who Tom was and that he was like a father figure to her. She said she had been talking to her uncle in Naas.
