TWO defendants accused of murdering a man whose body was allegedly thrown off the Sliabh Liag cliffs in Donegal each claimed the other “did it”, a barrister has told the Central Criminal Court.
Bernard Condon SC opened the trial this morning of Nikita Burns (22) and Alan Vial (39) who deny the murder of Robert ‘Robin’ Wilkin on June 25, 2023 in Donegal. Mr Condon said the prosecution case is that the two accused caused Mr Wilkin’s death having engaged in a joint enterprise with the intention to cause serious injury to the deceased.
Where two or more people set out on a criminal enterprise, Mr Condon told the jury each one is responsible in law for the actions of the other.
While the statement of one accused person cannot be used as evidence against the other, Mr Condon said in this case the jury will hear that each of the accused said that the other “did it”.
Mr Condon also pointed out that Ms Burns has pleaded guilty to impeding the apprehension or prosecution of another person for an arrestable offence. Counsel said the prosecution does not accept that plea as it does not believe it reflects her involvement.
Mr Condon will continue his opening speech to the jury of five men and seven women this afternoon before Mr Justice Paul McDermott.
Ms Burns of Carrick has pleaded not guilty to murder but guilty to impeding the apprehension or prosecution of another person for an arrestable offence.
Mr Vial, of Drumanoo Head, Killybegs, has pleaded not guilty.
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