A man accused of murdering a Nigerian teenager on Good Friday two years ago has been acquitted of the charge after the trial judge directed the jury to find him not guilty.
Mr Justice Barry White also directed the jury to find the 26-year-old man not guilty of producing a baseball bat.
Michael Barry (26), of Pigeon House Road, Ringsend, Dublin 4, had pleaded not guilty to the murder of Nigerian teenager Toyosi Shittabey (15) on April 2nd, 2010 at The Boulevard, Mount Eustace in Tyrrelstown, Dublin 15. Mr Barry had also pleaded not guilty to producing a baseball bat in the course of a dispute.
It was the prosecution’s case that Michael’s brother Paul, now deceased, inflicted the stab wound on Toyosi but that Michael was an accessory to the murder, following what had been described as a row with racial undertones.
Judge’s directions
On day seven of the trial, Mr Justice Barry White said there was no evidence to suggest Mr Barry knew his brother Paul was carrying a knife when he drove him to The Boulevard in Mulhuddart, where the teenager was stabbed.
Mr Justice White told the jury that they were advised by prosecuting counsel Mr Brendan Grehan SC in the opening of the trial that it was the prosecution’s case that Mr Barry was as guilty as his brother by reason of joint enterprise.
He said the prosecution contended Michael Barry might have been economical with the truth but there was no evidence he was aware Paul Barry had a knife.
He told the jury that defence counsel Patrick Gageby SC argued that both counts should be withdrawn.
He also said one witness, Glen Lupepe (18) was not prepared to travel back from the UK to give evidence and that arrangements were made for him to give video evidence but that he had refused to co-operate. “I don’t know what his evidence was to be but prosecution advised he was an important witness,” said Mr Justice White.
The judge directed a verdict of not guilty be issued against Mr Barry, saying “the interest of justice may not be well served in this case”, and discharged the jury, exempting them from jury duty for 10 years.
Trial evidence
The six-day trial had heard evidence that a row started outside Paul Barry’s house at Mount Garrett Rise between Paul, Michael and five black males and five white females after one of the females asked Paul for a cigarette lighter and he refused.
A fight broke out, resulting in Michael and Paul being kicked and punched and Michael believing one of the youths had taken his mobile phone.
Witnesses gave evidence that a baseball bat was produced during the altercation but was not used on anyone.
The trial also heard evidence that after the youths fled the scene at about 8pm, Michael drove Paul in his jeep to The Boulevard in the estate in order to retrieve his mobile phone. Paul had got out of the jeep and approached one of the black youths. Mr Toyosi then ran towards Paul, who had a knife, and he was stabbed in the heart.
Witnesses said Toyosi ran and shouted “he stabbed me” before collapsing on the roadway. Despite efforts by emergency services to resuscitate him at the scene, he was pronounced dead at 9.05pm at James Connolly Memorial Hospital.