The jury asked them not to jump to conclusions that Jozef Puska was guilty because he lied
Mr. Puska said he lied to protect his family. If you believe that, then don’t consider the lie to be evidence of his guilt, the judge said.
Mr Judge Tony Hunt told the Central Criminal Court that Mr Puska, 33, said he lied to protect his family.
If it was reasonably possible, the jury should not consider the lie as evidence of his guilt, the judge said.
Mr Puska, with an address at Lynally Grove, Mucklagh, Tullamore, has pleaded not guilty to the murder of Ashling Murphy at Cappincur, Tullamore on January 12, 2022.
The process is now in its fourth week.
On Wednesday morning, Judge Hunt continued to hand over the judge’s charge to the jury.
He said that if he were a juror, the only logical way to reach a verdict would be to first decide the facts and then apply the law to the facts.
Judge Hunt told jurors they needed to make a “critical assessment” of the evidence presented to them.
Judge Hunt said that in his opinion this case consisted of five elements: Mr Puska’s confession, the DNA evidence, inferences, lies and the eyewitness evidence, which included Mr Puska’s statements.
Referring to Mr Puska’s confession to gardai, Judge Hunt told the jury they had to decide whether a confession had been made and they had to be satisfied that words of omission had been spoken.
Unless the jury was satisfied beyond a reasonable doubt that it could rely on the confession to be true, reliable or accurate, it must not form part of any trial against Mr. Puska.
Judge Hunt said whether Mr Puska or the prosecution were right, there was a madman on the loose in Tullamore and that was frightening.
If the jury is satisfied that gardai deliberately avoided the nurses and interviewed a man who was unable to speak to them, then they will reject the confession, Judge Hunt said.
Judge Hunt said Detective Sergeant Brian Jennings and Detective Garda Fergus Hogan had come under criticism but the decision was for the jury.
The judge said it was likely that a hospital would be a somewhat unfamiliar place for Mr Puska.
He urged the jury to use common sense and asked whether it always had to be the case that Gardal dealt with people in impeccable condition.
Judge Hunt told the jury they could and should take into account the circumstances of Mr Puska’s confession and what was evidently heard from the interpreter.
Regarding the DNA evidence, Judge Hunt told the jury they heard from two witnesses who explained what DNA is, its significance and how it is analyzed.
Judge Hunt said there appeared to be no dispute that there was contact between Ms Murphy and Mr Puska on January 12, 2022.
He said there was no indication they had ever been in contact before.
In Mr. Puska’s report, he used a scarf to cover her neck. He was somewhat puzzled by the DNA under her fingernails when he said Ms Murphy was wearing gloves, the judge said.
Another witness said he saw a glove, but no one else could remember a glove, the jury heard.
This was a “puzzle” for the jury, the judge said.
Judge Hunt said Mr Puska had clearly lied about being attacked by an unknown person and he said it appeared this was something the jury would have to consider very carefully.
Accused people can lie for many reasons, whether because they are innocent but are afraid no one will believe them, whether out of panic or confusion, embarrassment or shame, or because they want to protect someone.
Mr. Puska said he lied to protect his family. If you believe that, then don’t consider the lie to be evidence of his guilt, the judge said.
He said there were all sorts of reasons why people lied.
“Do not jump to the conclusion that he lied and is therefore guilty,” said Judge Hunt, “that hasty conclusion is prohibited.”
Judge Hunt told the jury that the CCTV footage would be made available to them.
He said the CCTV was real evidence and, depending on its quality, a useful benchmark for verifying eyewitness statements.
Look at what the witnesses say and compare it with the video surveillance, the judge said.
Judge Hunt then explained the evidence of jogger Jenna Stack to the jury.
The judge will continue to present his charges to the jury this afternoon.
The process continues.
