Closing statements have begun in the trial of a 22-year-old man accused of murder at a North Kerry bog almost three years ago.
John Paul Cawley of 2 Ardoughter, Ballyduff, denies the charge at Shronowen Bog, Listowel between February 16th and 17th, 2012. The remains of 28-year-old Bruno Lemes de Sousa were found there on March 11th that year. Prosecuting counsel, Conor Devally has told the jury at the Central Criminal Court in Tralee they must decide, beyond all reasonable doubt, if John Paul Cawley is guilty or not guilty of murder. He said there is also a third leg that may be available, that the accused suffered from a mental disorder that significantly diminished his responsibility and made him not guilty of murder but guilty of manslaughter. However, Mr Devally warned they could not reach assumptions and had to decide the facts before diminished responsibility is considered. These included if the elements of murder were there; the act of killing and the intention to cause harm. He said they knew the killing of Mr de Sousa was due to stabbing but pathologist Dr Margot Bolster was not able to say which of the wounds might have proved fatal on its own. Mr Devally said John Paul Cawley admitted stabbing the victim once, which made him part of a joint enterprise, and is sufficient to make someone guilty.