Jury considers verdict in Hanley death trial case

The jury at the trial of a man accused of killing 83-year old Christy Hanley in Westmeath last year began its deliberations yesterday afternoon (Thursday). A charge of murder against Noel Cawley (47), of no fixed abode, but with a previous address at Castleblaney, Co Monaghan, was reduced to manslaughter on Wednesday by Mr Justice Patrick McCarthy, who said he took the view that there was a 'reasonable possibility that he [the accused] did not intend to cause serious harm.' At the outset of the trial, Mr Cawley pleaded not guilty to murdering Mr Hanley at his home on Bridge St, Kilbeggan, Co Westmeath, on May 21 last year. He has also pleaded not guilty to robbing Mr Hanley of an unknown sum of money at the same address on the same date. It is the prosecution"s case that Mr Cawley tied Mr Hanley up, robbed him and beat him to death. During his charge, Mr Justice McCarthy told the jury that the case is based on circumstantial evidence. In the course of the trial, the court heard that Mr Hanley was a bachelor who lived alone in 'some disarray' in his house in Kilbeggan. He was well-known at fairs and horse races and was occasionally observed with large amounts of cash. Continued from page 1 The court heard that the accused, Mr Cawley, arrived in Kilbeggan on the day of the alleged killing after having spent the night in Mullingar with his partner and her cousins. He was wearing a baseball cap at the time. The jury was told that a man wearing a baseball cap went into both the Black Kettle and the Saddler"s Inn pubs and was present when Mr Hanley obtained €400 in cash for coins from the barman in the Black Kettle. Evidence was heard that Mr Hanley returned home sometime before 6pm. Witnesses told the court that a man was seen outside Mr Hanley"s house at approximately 6pm. The court was told that, shortly before 7pm, a man - who was in a 'panic' - flagged down a lift from people called the Slaters. The Slaters gave evidence that this man then jumped out of the van some distance down the road, after having asked for a lift to Tullamore. Ian Dwyer told the court that he picked up a man at the roundabout outside Kilbeggan at approximately 7pm. He saw what appeared to be blood on his passenger"s trousers and told the court that the passenger said the blood was from dealings with a sick cow he"d had earlier that day. The jury heard that a phonecall was made to Tullamore Garda Station on the morning after the alleged murder and that, around the time of that phonecall, a man wearing a baseball cap was seen at a telephone-box on Abbey St in Dublin. The court heard that a man went into Debenham"s shortly after that phonecall, got rid of his clothing and bought a new suit with cash. The court heard also that fingerprints matching Mr Cawley"s was found on a belt that had been tied around Mr Hanley"s wrists. DNA identical to Mr Cawley"s was also found on the belt. Deputy State Pathologist Michael Curtis told the court that Mr Hanley 'seemed to have been beaten about the head and face' and that he could have died from inhaling his blood. Giving his closing speech to the court on Wednesday, Alex Owens SC, prosecuting, said money was the motive for the killing in this case. He said that the man who bought a suit in Debenham"s in Dublin the day after the alleged killing was Mr Cawley. 'The only explanation that"s credible is that the money had one origin and one origin alone; that Mr Cawley went into Mr Hanley"s house, robbed him, and perpetrated a vicious assault on him during the robbery.' Mr Owens also referred to the fingerprint evidence. He said: 'It is very difficult to envisage any reasonable explanation other than the reason put forward by the prosecution; that Mr Cawley was involved in the tying up of Mr Hanley.' Referring to the phonecall made to Tullamore Gda Station the morning after the alleged killing, Patrick Gageby SC, defending, asked: 'Why would such a person ring the guards? That is strange. Why would the man who stalked Mr Hanley, tied him up, beat him, stole from him... then ring the guards the following morning and say Christy Hanley is tied up in his house in Kilbeggan?' Earlier in the week the court heard that Cawley last year described the deceased man as a 'friend' to gardai. The court also heard that the accused man told gardai he drank with Mr Hanley on the day of his alleged murder.D Sgt Aiden Curley told the court that he interviewed the accused on June 24 last year at Athlone Garda Station. Mr Cawley told D Sgt Curley that he was drinking in Kilbeggan on the day of the alleged murder. He said that he knew Mr Hanley, that he had drank with him 'several times' and that he was a 'very nice man'. He said that he drank with Mr Hanley on the day of his alleged murder. The court also heard that Mr Cawley told Gda Padraig Hession that he was in Mr Hanley"s house 'several times' and described him a 'friend'. Mr Cawley said that he did not kill Mr Hanley.The court heard that he told D Gda Brian Hanley that he 'robbed and killed nobody'. The jury retired yesterday afternoon and at the time of going to print was still considering its verdict.