The jury has begun its deliberations in the trial of an ex-soldier accused of murdering a Kerry pensioner.
Thomas Carroll, with an address at Brookway, Clonmel, Co Tipperary faces one charge before Mr Justice Patrick McGrath at the Central Criminal Court in Limerick.
He’s accused of murdering 84-year-old Paddy O’Mahony on February 24th 2024 at Ballyreameen, near Castlemaine.
A postmortem examination determined that Mr O’Mahony died as a result of haemorrhage and shock from the bullet passing through him.
The 67-year-old accused denies the charge.
Mr Carroll is represented by senior defence counsel Mark Nicholas, instructed by solicitor John Cashell.
This afternoon, Mr Justice Patrick McGrath summarised the evidence heard throughout the over two-week trial.
This included evidence from Gardaí, doctors, a mortician, members of Mr O’Mahony’s family, and over 14 hours of interviews with Thomas Carroll.
He also referenced evidence from Assistant State Pathologist Margot Bolster of a somewhat ragged hole on the upper left side of Paddy O’Mahony’s jumper.
This lead to the entry point of the single shot from the Browning calibre Beretta which ruptured the 84-year-old's liver and spleen and ended in his buttocks.
She said natural disease, alcohol or drugs played no role in the death.
The judge referenced Mr Carroll’s impeccable record, his over 30-years service in the army and that he has no previous convictions or record.
Addressing the jury of eight men and four women, the judge advised that they must be satisfied beyond reasonable doubt that the accused intended to kill or cause serious harm.
He referenced the issue of intoxication, noting that drunken intent is still intent, adding the mere fact that someone does something that they wouldn’t do when they were sober is no excuse, or if they take drink for dutch courage is no excuse.
The judge stated if a person has consumed alcohol to such an extent that they are incapable of forming that intention, then they are not guilty of murder but guilty of manslaughter.
He says based on the arguments and evidence in the case the verdicts available to the jury are - guilty of murder; or not guilty of murder, and guilty of manslaughter.
The judge stated acquittal is a possibility but given the acceptance in the trial this is unlikely, adding a verdict upon which all 12 jurors agree is required.
The jury of eight men and four women was sent out to begin its deliberations at 3.10pm.
They returned briefly with a question for the judge, over 40 minutes later, before being excused, to return and continue deliberations tomorrow at the Central Criminal Court in Limerick.
