The prosecution has closed its case in the trial of a Chinese national who killed a Kilkenny postmaster following a raid on a post office which netted him more than €13,000.
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Shu Shen (aged 25), formerly of The Old Rectory, New Ross, Co Wexford admits the manslaughter of Alan Cunniffe, 32, on December 8, 2006 but he denies his murder.
Mr Alex Owens SC, for the Director of Public Prosecutions, said the DPP would not accept Shen's manslaughter plea.
Shen, has pleaded guilty to stealing money over the value of €13,000 from the post office on John's Green in Kilkenny and being in possession of a firearm with intent to commit robbery in relation to the same incident.
Mr Owens closed the prosecution case today and Mr Justice Paul Carney told the jury of six men and six women they would hear closing speeches from counsel today.
Yesterday morning the jury were told Shen had no previous convictions.
The Central Criminal Court at Dublin heard from Sergeant Frank McKenna, told defence counsel Mr Paul Coffey SC, Gardai had checked with Chinese officials and Shen had no criminal record.
The jury of six men and six women were shown items of clothing worn by Mr Cunniffe the day of shooting including a blue striped shirt which had blood staining on it, a green suede jacket and black over coat.
The court heard a ballistic expert had tried to fire the modified air pistol Shen shot Mr Cunniffe with but it only worked for three shots then failed.
The expert told Mr Coffey the air pistol had been modified to take .22 rounds.
"The weapon itself is not designed to withstand the pressures that were being asked of it."
On Wednesday Mr Justice Paul Carney and the jury were read interviews Shen had with garda after the shooting where he told them he was n asylum seeker, he got no allowance, could not get a work visa and suffered from depression.
Shen was arrested soon after he shot Mr Cunniffe and told arresting Sergeant Michael Maloney it was an accident and he never meant to shoot anyone.
"He approached me, he was getting closer. I said 'I need the money'. He approached me. He said he want the money back. I did not mean it. Mistake. I thought the safety was on," Shen told Mr Maloney when he arrested him.
The court heard Shen asked garda not to contact the Chinese embassy because he was Falun Gong and had already suffered in China by being beaten because of his religion.
Shen said he had come to Ireland seeking asylum and had lived in Kilkenny for a time, which was how he knew of the post office.
He had caught a bus from Dublin that morning and walked to the post office.
"I was thinking about a robbery because I cannot get over my depression. I did not want to do it."
He had brought the gun from Belfast for €200 and fixed it using superglue the court heard.
"I did the robbery for two reasons. The first is the lack of concern about me and the second one is I wanted money."
In a further interview with Detective Garda Liam Maher, read to the court, Shen said he thought the gun was "crap" and he did not trust it would work.
"I don't want anyone to die, it can't be murder," he said.
He said he had suffered a lot and was sick with depression.
"I don't get an allowance, I can't get a working visa," Shen said.
Shen said the previous day he had gone to the Dublin Immigration Council seeking help but got nothing.
"From the time I got the letter from the social welfare, my life ended a long time ago."
He said he was "totally terrified" and never thought he could shoot someone.
The court heard Shen had been in Ireland for three years.
He completed the interview by saying - " I want to say that the garda don't care about me at all or about asylum seekers."
The trial continues today.
法轮功英文是不是DPP |
发表于 2007-11-28 11:04
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发表于 2007-11-28 14:13
