Key double murder trial witnesses untrustworthy, defence argues

Defence counsel called the foundations of the State's case "shaky" and describing it as the "slimmest of prosecution cases"
Key double murder trial witnesses untrustworthy, defence argues

Alison O'Riordan

Two protected witnesses who painted themselves as "innocents abroad" downplayed their own roles and cannot be trusted to convict Ruth Lawrence of murdering two men, her defence barrister has argued, telling a jury that: "they played the system and they tried to play you".

Defence counsel Patrick Gageby SC urged the jurors in his closing address not to convict the 46-year-old Dublin woman, calling the foundations of the State's case "shaky" and describing it as the "slimmest of prosecution cases".

"Too slim to justify a conviction," he told the panel.

The trial has heard that Ms Lawrence was extradited from South Africa to face trial in 2023, nearly a decade after the bodies of Anthony Keegan (33) and Eoin O'Connor (32) were found on a lake island in the midlands.

Ms Lawrence (46), who is originally from Clontarf in Dublin but with an address at Patricks Cottage, Ross, Mountnugent in Co Meath has pleaded not guilty to murdering Mr Keegan and Mr O'Connor at an unknown location within the State on a date between April 22nd, 2014 and May 26th, 2014, both dates inclusive.

The trial has heard that two protected witnesses - father and daughter Jason and Stacey Symes - came forward to An Garda Síochána in 2014 and gave voluntary statements about the alleged involvement of Ms Lawrence and her boyfriend, South African national Neville van der Westhuizen, in the murders of the two men.

Key witness Stacey Symes, who has the benefit of the "Witness Security Programme" along with her father, gave evidence to the trial that Ms Lawrence told her that she had shot Mr O'Connor "but it went wrong", so her boyfriend Neville "took over". The witness also said that she and her father were asked to help move the bodies of the two men.

Jason Symes told the jury that he was "terrified" of Ms Lawrence, who he said carried around "a little black gun" and would put it down the back of her trousers.

Mr Gageby said with the exception of Neville van der Westhuizen, no one else had been charged or sought for anything else connected to the case or the background circumstances to it. "No one else was charged with a clean-up and assisting after the murders were committed," he continued.

The lawyer said the phone evidence did not establish that Ms Lawrence shot Mr O'Connor or "was part of a plan to do so or to do the same to Mr Keegan or that she was in Dublin on April 18th 2014", when drugs were stolen from a house used by drug dealer Mr O'Connor.

He said the State's case depended on the Symes' evidence to prove his client was guilty of the two charges; "either as a shooter or someone assisting in some way in that crime, either before it or during it being committed".

Mr Gageby submitted that, insofar as either of the Symes said Ms Lawrence had admitted any part in the killing of one or both of these men, their evidence was not reliable.

The lawyer acknowledged that Neville was doing some drug dealing but submitted that there was no evidence Ms Lawrence was "part and parcel of that".

Mr Gageby referred to the meeting in the Dublin pub, where, according to Ms Symes, there was "some class of discussion" to rob Mr O'Connor's drugs. Counsel said Mr Symes had given evidence that he, his daughter and the accused were "shoved off to one corner" of the pub whilst "the boys" had a conversation.

Mr Gageby said Mr Symes had made great efforts to tell the jury "what a lovely, friendly fella Mr O'Connor was" and how they had "hit it off".

The lawyer suggested that Mr Symes was not only trying to conceal the true nature of things but was also trying to "curry some public favour" with those connected to Mr O'Connor, as well as the panel. He submitted that the Symes' were not really trustworthy, that they had attempted to pull the wool over the jurors' eyes and "they're still doing it".

The lawyer said when the Symes learned that "the boys had been killed" and after it was alleged that "Ruth somehow confesses to them", it was suggested that they are "sort of prisoners and don't have autonomy".

"That Neville and Ruth are constantly with them and don't let them out of sight, that just isn't correct".

He reminded the jury that phone analyst Sarah Skedd had testified that there were no calls recorded between Ms Lawrence and Mr O'Connor.

Mr Gageby said there was only one interview with gardaí where Mr Symes was cautioned. "Let's be clear, none of the statements were under caution, that sends a very clear message".

He said the Symes were charged with "nothing" and went into the Witness Protection Programme, which "modestly" funded them.

Counsel added: "You have absolutely every reason to be cautious with these two witnesses, with all they did, they suffered no penalty whatsoever but got government support".

"They have constantly downplayed their roles, and they played the system and they tried to play you".

Evidence was given last week from a South African pastor, who said Ms Lawrence feared she would become a victim of human trafficking and had both stayed in and worked at women's refuges in two South African cities.

Mr Gageby said the evidence was not to prove that the accused is a religious or holy person but rather was of "some importance". He said Neville had killed a young man in South Africa in 2017 and was subsequently charged with attempted murder and murder. He indicated that Neville's conviction for murder was less than three years after Mr O'Connor and Mr Keegan had been killed.

He said the case came down to whether it was beyond a reasonable doubt that Ms Lawrence had openly admitted killing someone. "I want to suggest to you that it is highly unlikely she did. The foundations of the prosecution case are frankly shaky as the Symes had done everything in the case to downplay any of their involvement".

The trial continues tomorrow.

In his opening address, Michael O'Higgins SC, prosecuting, said the evidence will be that Mr O'Connor sold drugs to Neville van der Westhuizen, who owed the deceased man in the region of €70,000.

Mr O'Higgins told the jury the State would argue that Ms Lawrence shot drug dealer Mr O'Connor and worked "as a unit" with her boyfriend to kill him and Mr Keegan, with their bodies later found "bound in rope, tape and covered in tarpaulin" on Inchicup Island on Lough Sheelin.

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