A jury has asked for an explanation of the legal definition of joint enterprise as they consider the evidence in the trial of two former lovers accused of murdering a 66-year-old, whose body was put over Ireland’s tallest cliffs.
The jury of seven women and five men began their deliberations on Tuesday in the trial of Alan Vial (39) from Drumanoo Head and Nikita Burns (23) of Carrick, Co Donegal who both deny murdering Robert ‘Robin’ Wilkin in Donegal on June 25, 2023.
Each accused has claimed that the other used a rock to beat Mr Wilkin’s head before he was put over the cliffs at Sliabh Liag. The prosecution, however, alleges that they were part of a joint enterprise to cause serious injury to Mr Wilkin and are therefore both guilty of murder.
Mr Justice Paul McDermott today (WED) told the jury that a person’s mere presence at the scene of a crime is not, on its own, participation in the crime. To become part of the joint enterprise, the prosecution must prove beyond a reasonable doubt that each accused assisted in the killing and had the intention to kill or cause serious harm.
The agreement may be explicit or tacit, he said, and can be formed in a very short time. He told the jury to look at all the circumstances leading up to Mr Wilkin’s death and the actions of each accused afterwards.
If one of the accused went beyond what was contemplated, he said, the other is not liable for that to which he or she did not agree.
The jury also today viewed a pair of leggings worn by Ms Burns at the time of the killing. The trial heard that the leggings had bloodstains on them with DNA matching that of Mr Wilkin. Ms Burns’s defence counsel, Eoin Lawlor SC, suggested that the blood could have gotten on her leggings when she helped to clean blood from the car in which Mr Wilkin died.
The jury will return to the Central Criminal Court tomorrow to continue their deliberations.
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