Jury in Dublin shooting trial asks judge to define provocation

The jury in the trial of a Dublin man who shot his uncle dead but denies murdering him has asked the judge to give the legal definition of provocation again.

David Cully (24), of Kilshane Road, Finglas West, has pleaded not guilty to murdering Edward O’Connor (41), but guilty to his manslaughter at Ballycoolin Road, Finglas West on December 15th, 2013.

Mr O’Connor died of two gunshot wounds to his back.

Mr Cully claims he shot Mr O’Connor “in the heat of the moment” after the deceased commented about somebody who had made an allegation of sexual abuse against him.

The allegation had been investigated, but the Director of Public Prosecutions had decided not to prosecute Mr Cully, the court heard.

The Central Criminal Court trial heard that both men had attended an organised “straightener” fight between two other men on the day of the killing and that Mr Cully shot his uncle in the back afterwards.

Mr Cully told gardaí that his uncle had made a comment that had caused him to lose control.

Provocation

Yesterday, Mr Justice Carroll Moran told the jury that a charge of murder could be reduced to manslaughter if there was provocation.

The jury had spent about five hours considering its verdict and returned just before 4pm, when the foreman asked the judge to give the legal definition of provocation again.

The foreman said that, given the nature of the case, the jury was giving considerable regard to the defence and to understanding all aspects of it.

He said the jury also wanted to see part of a Garda interview with the accused.

The seven women and five men have retired for the evening and the jury will resume its deliberations after the judge deals with the request tomorrow morning.