Closing addresses on behalf of the prosecution and defence have been given to the jury in the north Kerry murder trial.
63-year-old Michael Ferris of Rattoo, Ballyduff has pleaded not guilty to the murder of John Anthony O’Mahony of Ardoughter, Ballyduff on April 4th 2017.
It is alleged Mr Ferris, a dairy farmer, intentionally rammed the 73-year-old tillage farmer’s car multiple times with the prongs of a teleporter causing him catastrophic injuries
In his closing address to the jury, Senior Counsel for the Prosecution, Patrick McGrath said the issue in the case will be one of provocation and said the jury will have to decide if Mr Ferris’s actions were deliberate or if he was in a state of uncontrollable fury such as he was not the master of his own mind.
Mr McGrath said there is no credible evidence to support the assertion that Mr Ferris made to Gardai that he “just snapped”.
There was not a shred of remorse or regret, Mr McGrath said, which is consistent with someone with deliberate intent and not someone who just lost it.
Mr McGrath said Anthony O’Mahony was a 73-year-old in poor health who didn’t deserve the awful death he suffered that morning; the deceased didn’t pose any threat to the accused.
You can’t decide to do away with someone because they are annoying you, Mr McGrath told the jury.
In his address to the jury, Senior Counsel for the Defence, Brendan Grehan said the deceased man was entitled, unreasonable and the community were living in fear of him.
He said nobody has a bad word to say about Michael Ferris and asked why does a man like this snap?
Mr Ferris was at the end of his tether, was totally stressed and wasn’t sleeping, said Mr Grehan, and it was nonsense talk that the accused was thinking about it for a few days.
Mr Grehan said the crow banger owned by the deceased was disturbing and something happened in Mr Ferris’s head; he couldn’t take it anymore.
Mr Grehan said the defence is not seeking to condone what the accused man did, it is a terrible thing and Mr Ferris accepts that he unlawfully killed Mr O’Mahony.
Mr Grehan said Mr Ferris is a good man who did a bad thing and he said a fair and just verdict would be not guilty of murder but guilty of manslaughter.