The family of a woman whose husband's trial for her murder opened at the Central Criminal Court yesterday have told the jury that the deceased was not suicidal at the time of her death.
Brian Kearney (50), of Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhán Kearney (38), on February 28th, 2006, his 49th birthday.
Ms Kearney, a mother of one, was found strangled in the upstairs bedroom of the house in Goatstown by her sister Niamh McLaughlin, who gave evidence yesterday.
The trial got under way after a second jury of eight women and four men was selected. Mr Justice Barry White discharged the first jury last week when it emerged that one member had worked for an alarm company which installed a security alarm in the Kearneys' home 10 years ago.
Ms McLaughlin told prosecuting counsel Denis Vaughan Buckley SC that she had been leaving her car with Siobhán since she started her job as a receptionist in Ernst & Young in November 2005.
She would usually arrive at about 9am but on Tuesday, February 28th, 2006, she had overslept. "I was just doing a lot of running around. I was tired and I slept it out."
She had arrived at the house at about 9.35am and let herself in with her own key. Her three-year-old nephew was walking around the house on his own.
Concerned, she went upstairs to find her sister. "I went upstairs and knocked at the door." There was no response so she looked through the keyhole.
She told Patrick Gageby SC, defending, that she was sure there had been no key. She could get no response from Siobhán so she phoned her parents.
Deirdre McLaughlin, the deceased woman's mother, told Dominic McGinn, also prosecuting, that she and her husband arrived at Siobhán's house at about 10.15am. Her husband went upstairs and came back down shortly afterwards saying that Siobhán was dead.
Mrs McLaughlin said Niamh went to ring the emergency services. "She rang the emergency services then got a little bit distressed so I took the phone off her." She then rang Mr Kearney to let him know what had happened. She told Mr Gageby that the conversation was very brief, no more than 15 or 16 seconds.
She was adamant that she did not end the conversation herself. "The reason I didn't say more was because the child was crying in the background."
She said when Mr Kearney arrived at the scene he told her "we were going to be together forever". She agreed that she had spoken to the paramedics at the scene. "I said maybe she had taken medication. I didn't know."
She agreed with Mr Gageby that Siobhán had been admitted to St John of God's hospital in 1999.
"She just had a little bit of a breakdown, just over five days, then she was back at work."
Mr Gageby asked her if she knew what had caused it. "Overwork. No doubt about it."
Owen McLaughlin, Siobhán's father, told Mr Vaughan Buckley that he went up to his daughter's room. "I shouted Siobhán's name three or four times very loud and with no response I put my shoulder to the door and I ran at it with my shoulder and I used my feet and I broke the door down."
He said he went into the room and saw his daughter lying on the floor near the en suite bathroom. "I went over to Siobhán and I put a hand to her forearm and it was very cold. I put a hand on her leg and it was cold. I knew she was dead."
He brought Siobhán's young son over to Mr Kearney's parents with Niamh and when they got there Mr Kearney had arrived.
He went to Mr Kearney and told him what had happened. "His response was he put his hands to his head and he turned his back to me and he said words to the effect of, 'Oh, my God'."
Later on Mr McLaughlin said he saw Mr Kearney in the house with his sister standing behind him rubbing his shoulders. A doctor came into the room.
"He said, 'doctor, my heart is jumping out of my chest,' but to my mind there wasn't any emotion." Mr Vaughan Buckley asked him if Mr Kearney was crying. "No, definitely not."
Mr McLaughlin told Mr Gageby that he had not moved the body or removed anything from around Siobhán's neck.
"I saw my daughter. I put my hand on her forearm and I knew she was dead.
"I put my hand on her leg and I knew she was dead."