Brazilian man found guilty of killing after racial abuse
A BRAZILIAN meat factory worker who stabbed to death a man who had assaulted and racially abused him was found not guilty of murder but guilty of manslaughter.
Juraci Da Silva (36), with an address at Park Lane Apartments, Co Waterford, had pleaded guilty to manslaughter for killing James Banville (28) at New Street, Co Waterford, on October 8, 2016, but his plea was rejected by the State.
After just over four hours of deliberations, the jury of six men and six women at the Central Criminal Court acquitted him on the murder charge.
The jury also found him not guilty of assault causing harm to Mr Banville’s friend Conor Hogan and found Da Silva guilty of producing a knife during the fight.
Members of Mr Banville’s family wept when the verdicts were announced by the court registrar.
The trial heard that Da Silva suffered two assaults at the hands of the victim and Mr Hogan. Both Mr Hogan and Mr Banville had previous convictions for assault and public order offences. The deceased had convictions at Circuit Court level, including for possession of drugs for sale or supply.
The fatal confrontation was not caught on CCTV, but witnesses described seeing a clash and punches thrown by the two Irish men before the fight suddenly broke up and Mr Banville lifted up his T-shirt, revealing the wound. He had been stabbed in the heart.
Revenge
Passersby tried to help and emergency services arrived a short time later, but Mr Banville did not recover and was pronounced dead at Waterford University Hospital.
The prosecution alleged that Da Silva was looking for revenge when he produced the knife and stabbed Mr Banville.
Colman Cody SC for the defence said that he was provoked by the two assaults and acted either in self-defence or had lost all self control due to the assaults and abuse he suffered.
Justice Michael White told the jury that if Da Silva had been provoked by the assaults to such an extent that he lost all self control they should find him not guilty of murder but guilty of manslaughter.
He also told them if they believed he acted in self-defence, but that he used excessive force, then they should return a manslaughter verdict. Justice White thanked the jury for their service and remanded Da Silva in custody until November 20 for a sentencing hearing.