Retrial ordered as jury fails to reach verdicts
COUPLE PLEADED NOT GUILTY TO A NUMBER OF CHARGES INCLUDING THREATENING TO KILL
THE Director of Public Prosecution (DPP) has ordered a full retrial in the case of two defendants when the jury failed to agree on a number of charges following a four-day trial.
The two defendants had pleaded not guilty to a number of charges including one of threatening to kill or cause serious harm when their trial opened before Judge Cormac Quinn and a jury at Wexford Circuit Court.
John Murphy of Ballyowen, Wellingtonbridge, pleaded not guilty to aggravated burglary at 82 Hookless Village, Fethard-on-Sea, New Ross, on November 6, 2017. He further pleaded not guilty to threatening to kill or cause serious harm to Jason Byrne on the same date, and with producing a kitchen knife during the incident.
Murphy also pleaded not guilty to threatening to cause serious harm to kill Jason Power, Mia Power, Joshua Power and Ava Maria Poweron October 28, 2017 at 82 Hookless Village. He also pleaded not guilty to damaging a TV during the incident.
Kim Gordon, of 30 Sheana Court, Wexford town, pleaded not guilty to threatening to kill or cause serious harm to Lavina Power at 82 Hookless Village on October 28, 2017 and November 6, 2017. Gordon also pleaded not guilty to threatening to kill or cause serious harm to Mia Power, Joshua Power and Ava Maria Power,
She also pleaded not guilty to aggravated burglary on November 6, 2017, at 82 Hookless Village, armed with anax.
It was the prosecution’s case that John Murphy and Kim Gordon entered the house of Jason Byrne and Lavina Power at 82 Hookless Village on November 6, 2017. Murphy was armed with an axe.
Prosecuting Counsel, Sinead Gleeson told the court the prosecution alleges that John Murphy threatened to kill Jason Byrne by bringing the axe down on him. Murphy also hit a television with the axe, causing criminal damage.
Ms Gleeson also said that on October 28, 2017, Mr Byrne and Ms Power were outside their home playing with their children when John Murphy threatened to kill Jason Byrne.
It’s also alleged that John Murphy threatened to kill the children on that occasion while intending Jason Byrne to believe that it would be carried out. On that occasion it’s also alleged that he produced a kitchen knife.
The jury, after a four-day trial, disagreed on a number of charges.
Following consultation with the DPP a full re-trial has been ordered with the case adjourned to October 2.
Counsel for Murphy, Colman Cody (instructed by Ed King, solicitor), who is in custody, will make a bail application on Thursday. Judge Quinn has ordered the prosecution to submit all reasons to the defence as to their objections to bail.
Murphy was further remanded in custody to Thursday next.
Michael Durack, S.C. said Gordon could be remanded on continuing bail to appear on October 2 next.