Galway Bay fm newsroom - The jury in the trial of a man accused of the manslaughter of Oughterard publican John Kenny in 2011 has gone out to begin deliberations.
Marian Lingurar Jnr. (24), with an address at Blackpool, Co. Cork, is charged with the unlawful killing of John Kenny on September 25th, 2011, as well as a second charge of tresspass.
Marian Lingurar Jnr. worked at the bar that night as a bouncer and it's the prosecutions case that he left at around 1.30am, only to return around 2.20am as part of a plan to steal from John Kenny and commit violence if necessary.
Both the prosecution and defence have now given closing statements to the jury, with both focusing on the fact that all evidence in the case is entirely circumstantial.
The prosecution described mobile phone data as the 'real clincher' in the case, as it places Marian Lingurar Jnr. and his father back in Oughterard between 2.20 and 3am - a time when the accused said he was at home in bed.
Mr. Patrick Gageby SC also said that 'extraordinary' communication between Lingurar Jnr. and another man named Vasile Muntean in Oughterard that night between 10pm and 3am proves that they were up to something amongst themselves.
He said it was clear that Marian Lingurar Jnr. was "up to his armpits" in the crime committed at Kenny's Bar and was a "pivotal part" of the plan, which involved up to five individuals.
Gardai found fingerprints belonging to Vasile Muntean in Kenny's Bar and witnesses and phone records placed him in Oughterard that night - but Marian Lingurar Jnr. told Gardai he did not know him and had not communicated with him.
However, defence counsel Colman Fitzpatrick SC told the jury that in order to convict Marian Lingurar Jnr., that they must be convinced beyond reasonable doubt that he knew John Kenny was likely to suffer an assault.
He noted that the prosecution had not made any case that Marian Lingurar Jnr. had himself assaulted John Kenny, but that he was part of a plan which was prepared to use violence if needed.
He pointed out that evidence shows that John Kenny was extremely intoxicated to the point of being incapacitated; why, he asked, would one think that restraint or violence would be required to steal from the premises.
The jury of 7 men and 4 women is now beginning deliberations on separate charges of manslaughter and trespass with intent to commit an offense.
