The jury has been sent out to deliberate on the case of the murdered Google executive in August last year.
Dane Pearse (22) of Londonbridge Drive, Irishtown, Dublin is accused of murdering Mark Spellman (26) of Dalkey, Co. Dublin on 4 August 2007.
Before sending the jury of six men and six women to deliberate Mr. Justice Paul Carney gave instructions to them regarding why an accused would lie. He said a lie is not evidence alone of guilt. They must determine the reason behind the lie.
Mr. Pearse denies the murder of the Mr. Spellman on Londonbridge Road claiming he only meant to scare him.
The court heard that the altercation arose when Mr. Spellman called to Mr. Pearse ‘where are you jogging to?’ and then kicked Mr. Pearse in the chest when he asked him what the problem was.
Mr. Spellman worked for Google Ireland and was returning home from a work night out in the 51 Pub on Haddington Rd with two friends. They had planed to go to Mr. Spellman’s home in Sandymount and play computer games, Ms. Isobel Kennedy SC prosecuting council told the court.
Mr. Pearse said that he was ‘messing around’ with his girlfriend and said it might have been possible that Mr. Spellman thought that he was hassling her.
The court heard that after this brief altercation the two men shook hands. However, the court heard that Mr. Pearse then returned to his home and fetched a bat and a knife to ‘scare’ Mr. Spellman and his two friends.
The court heard that Mr. Pearse then ran down the road after the three men. Mr. Pearse claims that he was afraid the men knew where he lived and wanted to scare them.
Mr. Pearse claimed that he saw the group standing laughing and one of them ran towards him. He alleged that Mr. Spellman fell on top of him through a gate into a garden and started banging Mr. Pearse’s head of the ground. Mr. Pearse claimed this must have been when the five-inch ornamental knife went into Mr. Spellman.
Mr. Pearse claimed that he did not realize that Mr. Spellman was injured and that he had no intention of hurting Mr. Spellman or his friends.
The court heard from witness Mr. Oision Hoctor that when he went over to him his friend’s intestines were protruding and he was struggling to breathe. Mr. Hoctor said that Mr. Spellman’s eyes had glazed over.
Mr. Hoctor said that it was completely incorrect that they had run at Mr. Pearse. He claimed that Mr. Pearse came at the group swinging the implements and was seen stabbing Mr. Spellman before they fell through the gate.
Mr. Finbar O’Mahoney who was also with Mr. Spellman at the time of the attack admitted that it may be possible that Mr. Spellman said something in the nature of ‘come on, lets have you’ to Mr. Pearse.
Doctors at St. Vincent’s hospital spent 50 minutes trying to resuscitate Mr. Spellman but were unsuccessful. He died from two stab wounds, one in the chest and one in the abdomen.
Mr. Pearse was also admitted to St. Vincent’s hospital with an injury to his arm.
Mr. Diarmuid Guinness SC, defending council in his closing arguments said that Mr. Pearse had not denied that it was him and his knife that had caused the injuries but the jury had to consider the level of culpability.
Mr. Pearse told the court that he would regret it for the rest of his life.
Mr. Pearse has a three-year-old son with his girlfriend Amy Young.
The verdict at the central criminal court is expected tomorrow
