Dublin man charged with shooting his uncle twice in the back
The trial will resume on Monday of a Dublin man, charged with murdering his uncle by shooting him in the back twice.
However, Mr Cully of Kilshane Road, Finglas West has pleaded not guilty to murdering the 41-year-old at Ballycoolin Road, Finglas West on December 15 2013
His plea of guilty to manslaughter was not accepted by the State and he went on trial at the Central Criminal Court on Wednesday. The trial was due to continue today but the seven women and five men of the jury were sent home until Monday, while other work is completed.
Opening the State's case on Wednesday, Pauline Walley SC noted that Mr Cully said he did not intend to kill his uncle or cause him serious injury. She said the prosecution must prove that Mr Cully had the intention and was not provoked.
She said that tension had arisen in the family after an allegation of sexual abuse was made against Edward O'Connor. Gardai investigated and the DPP decided not to prosecute.
She said a row broke out between two men linked to the family the night before the killing, and the accused suggested that a 'straightener' with no weapons take place between those men.
Both the deceased and the accused attended the fight in an open yard on the Sunday afternoon and David Cully brought a gun.
Mr Cully told gardai that, after the fight, Mr O'Connor had made a remark about the person who had made the allegation against him. The accused said he ‘just lost it’ and had no intention of doing what he did.
"I don’t know why I did it or what came over to me, I just fired the gun at him," he said in interview. "Well I do know," he continued, explaining that he 'just had hatred towards him' since the allegation was made.
The trial is expected to last three weeks before Mr Justice Carroll Moran.