Jury must be sure men intended to cause serious injury to Josip Strok to secure murder verdicts, judge says
Eoin Reynolds
For the prosecution to succeed in securing murder verdicts against three men who assaulted a Croatian national on a Dublin street, a jury must be satisfied that each of them intended to cause serious injury to the victim, a judge has said.
Ms Justice Mary Ellen Ring told the jury of six men and six women that the prosecution alleges that Mark Lee (44), Anthony Delappe (19), and Connor Rafferty (21) engaged in a joint enterprise when they assaulted Josip Strok (31).
For a finding of murder in each case, the judge said the jury must be satisfied beyond a reasonable doubt that the accused person assisted "in a concrete way in the killing of Josip Strok" and that in doing so they intended to cause him serious injury.
It is not an offence to be present at the scene of a crime and participation requires more than simply failing to intervene, she said.
The judge told the jury that the prosecution case is that "it doesn't matter" whether a particular accused punched, kicked, or struck the victim with a weapon because the allegation is that "they were acting in concert when they assaulted him and therefore each is responsible for the murder of Mr Strok."
Defence barristers in each case argued that the prosecution had failed to prove beyond reasonable doubt that their clients intended serious harm, Ms Justice Ring said. The question that remains for the jury, she said, is what each accused intended.
If the jury is not satisfied that any of the accused had the intent for murder, they can consider manslaughter. Manslaughter, the judge said, is where the actions of the accused caused Mr Strok's death and where their purpose was to cause more than trivial, but not serious harm.
Ms Justice Ring will complete her charge to the jury on Wednesday before they begin their deliberations.
Mark Lee of no fixed abode, and Anthony Delappe of Melrose Avenue, Clondalkin, have both pleaded not guilty to murder but guilty to the manslaughter of Josip Strok at Grangeview Way in Clondalkin on April 3rd, 2024.
Connor Rafferty of Castlegrange Close, Clondalkin, has pleaded not guilty to Mr Strok's murder.
All three have pleaded guilty to assault causing harm to Mr Strok's friend, David Druzinec (29), at the same location.
It is the prosecution case that on March 30th, 2024, Mark Lee was told of an alleged assault on a teenage boy at a bus stop near his home in Clondalkin and alerted the two other accused.
The prosecution alleges that the three then followed Mr Strok and Mr Druzinec and assaulted them in the street. Mr Strok died four days later from blunt force injuries sustained in the attack.
Seoirse Ó Dúnlaing SC, for the Director of Public Prosecutions, told the jury that Mr Lee had used his feet and fists to kick, stamp, and punch Mr Strok.
Mr Delappe, he said, had used "brutal" force in repeatedly striking Mr Strok with a hard plastic pickaxe handle.
Mr Rafferty, he said, joined in by striking Mr Strok three times with one half of a crutch after Mr Strok had stopped moving.
Barristers for all three accused said the prosecution had failed to prove that their clients had the necessary intent for murder.
