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Corstorphine Hill murder trial: Court told of 'unanswered questions' | Corstorphine Hill murder trial: Court told of 'unanswered questions' |
(about 3 hours later) | |
The trial of a man accused of burying his mother in a shallow grave has been told there would always be unanswered questions over the case. | The trial of a man accused of burying his mother in a shallow grave has been told there would always be unanswered questions over the case. |
Advocate depute Alex Prentice QC, prosecuting, told the jury that the case against James Dunleavy, 40, was a circumstantial one. | Advocate depute Alex Prentice QC, prosecuting, told the jury that the case against James Dunleavy, 40, was a circumstantial one. |
But he said it was one in which pieces of evidence came together like strands in a cable. | But he said it was one in which pieces of evidence came together like strands in a cable. |
Mr Dunleavy denies all the charges against him. | Mr Dunleavy denies all the charges against him. |
Mr Prentice began his closing speech to the jury by saying that Mr Dunleavy, also known as Seamus, had indeed done "something bad". | Mr Prentice began his closing speech to the jury by saying that Mr Dunleavy, also known as Seamus, had indeed done "something bad". |
Workmate Matthew Hagan, 26, claims the accused made the comment to him just days before his arrest. | Workmate Matthew Hagan, 26, claims the accused made the comment to him just days before his arrest. |
"There will be some unanswered questions in this case, some unresolved issues," said Mr Prentice. | "There will be some unanswered questions in this case, some unresolved issues," said Mr Prentice. |
Mr Dunleavy denies battering to death his mother Philomena, 66, of Marino, Dublin, between 30 April and 7 May last year. | Mr Dunleavy denies battering to death his mother Philomena, 66, of Marino, Dublin, between 30 April and 7 May last year. |
He also denies attempting to defeat the ends of justice by trying to cover up the murder and destroy evidence. | He also denies attempting to defeat the ends of justice by trying to cover up the murder and destroy evidence. |
At the time, Mr Dunleavy was living in a flat Edinburgh's Balgreen Road. | At the time, Mr Dunleavy was living in a flat Edinburgh's Balgreen Road. |
'Blunt force' | 'Blunt force' |
The murder charge alleges that it was there that he inflicted "blunt force trauma" by means unknown, compressed his mother's throat and cut off her head and legs with a blade and something like a saw. | The murder charge alleges that it was there that he inflicted "blunt force trauma" by means unknown, compressed his mother's throat and cut off her head and legs with a blade and something like a saw. |
A second charge - as now amended - accuses Mr Dunleavy of transporting his mother's dismembered body to a secluded clearing on Corstorphine Hill and burying her there. | A second charge - as now amended - accuses Mr Dunleavy of transporting his mother's dismembered body to a secluded clearing on Corstorphine Hill and burying her there. |
Mr Prentice appealed to the jury to apply "common sense" to the question of what happened to Mrs Dunleavy. | Mr Prentice appealed to the jury to apply "common sense" to the question of what happened to Mrs Dunleavy. |
Her son claimed she left his flat in Balgreen Road, Edinburgh, without warning to go home to Dublin. | Her son claimed she left his flat in Balgreen Road, Edinburgh, without warning to go home to Dublin. |
But she left clothing, 870 euros and her identity card in her son's home. | But she left clothing, 870 euros and her identity card in her son's home. |
"Do you not think it is extraordinary that all these things were left?" said Mr Prentice. | "Do you not think it is extraordinary that all these things were left?" said Mr Prentice. |
He said it was possible that Mrs Dunleavy had been walking in the woods on Corstorphine Hill when she was attacked and killed. | He said it was possible that Mrs Dunleavy had been walking in the woods on Corstorphine Hill when she was attacked and killed. |
But why, he asked, would her killer cut off her head and legs? | But why, he asked, would her killer cut off her head and legs? |
"Dismemberment has an advantage for someone who has killed a person. It makes the body more transportable," he said. | "Dismemberment has an advantage for someone who has killed a person. It makes the body more transportable," he said. |
Mr Prentice said her killer had to take risks but had buried Mrs Dunleavy without being seen. | Mr Prentice said her killer had to take risks but had buried Mrs Dunleavy without being seen. |
'CSI in spades' | |
Later, defence QC Gordon Jackson put it to the jurors that police found no evidence that Mr Dunleavy had cut up his mother's body despite "CSI in spades". | |
He said his client had a very simple response to the Crown case: "I never." | |
Mr Jackson continued: "Nothing could be simpler than that. He says 'I didn't do any of it'. | |
"'I didn't kill her, I didn't harm her, I didn't do anything to her body and I did not bury her.'" | |
Mr Jackson recalled evidence from police officers and forensic scientists about their search of Mr Dunleavy's flat in Balgreen Road. | |
They had used blood-revealing chemical Luminol, special lighting and had taken up the flooring. | |
"You could not imagine a more intense, detailed examination for something that might have been cleared up. | |
"What did they find? Nothing." | |
Mr Jackson went on to argue that even if the Crown could prove beyond reasonable doubt that Dunleavy buried his mother, they could not prove he killed her. | |
He also said that if the jury went against him, Dunleavy's mental state was such that the verdict should be guilty of a reduced charge of culpable homicide, not murder. | |
The judge, Lord Jones, is expected to give the jury legal directions tomorrow before they are asked to consider their verdicts. |
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