By Eoin Reynolds
A “smouldering resentment” exploded into violence in which a murder accused struck a 66-year-old six or seven times on the head with a rock before putting him over Ireland’s tallest cliffs, a barrister has told a jury at the Central Criminal Court.
Eoin Lawlor SC, delivered his closing speech on behalf of his client Nikita Burns (23) who told gardaí that her co-accused Alan Vial (39) had delivered the blows that caused the death of Robert ‘Robin’ Wilkin.
Mr Lawlor said Ms Burns had “no act nor part” in the killing and was a “bystander to Mr Vial’s murder of Mr Wilkin”. Counsel said his client accepts that she assisted Mr Vial in cleaning blood from the car in which the assault happened and for that, she has pleaded guilty to impeding the apprehension or prosecution of another person for an arrestable offence.
Tackling the prosecution evidence, Mr Lawlor said blood found on Ms Burns’ leggings could have been transferred when she was cleaning the car. He further pointed out that there was no evidence that she had blood on the top she was wearing at the time of the killing.
He also suggested that Mr Vial’s account , in which he described Ms Burns striking the deceased with a rock, was inconsistent with the evidence. Counsel suggested that Mr Vial was a “murderer telling lies” who sought advantage by using his knowledge of the evidence in the case.
Mr Lawlor invited the jury to view CCTV of Mr Wilkin’s and Mr Vial’s interactions on the night in various pubs and to consider evidence of prior aggression between them. He suggested that Mr Vial had a “smouldering resentment” towards Mr Wilkin that “ultimately exploded”.
He added: “In light of what you know of Mr Vial, it is easy to accept that he would and did take a rock and strike Mr Wilkin in the head six or seven times after pulling him into the back of the car and that he, ultimately, murdered Mr Wilkin.”
Alan Vial and Nikita Burns.
Shane Costelloe SC, for Mr Vial, will deliver his closing speech to the jury of seven women and five men after Mr Lawlor. When closing speeches have finished, Mr Justice Paul McDermott will deliver his charge to the jury.
Bernard Condon SC, for the Director of Public Prosecutions, previously told the jury that both Mr Vial and Ms Burns were acting together with the joint intention of causing serious harm to Mr Wilkin.
Mr Condon said all three were drinking together in pubs in Dunkineely before they headed towards Mr Vial’s home in a Volkswagen driven by Mr Wilkin.
In an area known as Roshine, the car pulled in to an area where it was not seen by CCTV for about 15 minutes. This is where Mr Condon said Mr Wilkin was beaten with a rock before being driven to Sliabh Liag and put over the cliff “alive or dead”.
Mr Vial (39) of Drumanoo Head, Killybegs, Co Donegal and Ms Burns (23) of Carrick, Co Donegal, who have both pleaded not guilty to the murder of Robert ‘Robin’ Wilkin in Donegal on June 25, 2023.
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