Evidence of violence from beginning to end, jury in trial of man accused of murdering pregnant ex-girlfriend told

The prosecution counsel in the trial of a Derry man accused of murdering his pregnant ex-girlfriend has told a jury that there was evidence of "violence from beginning to end" left behind at the scene.

Evidence of violence from beginning to end, jury in trial of man accused of murdering pregnant ex-girlfriend told

The prosecution counsel in the trial of a Derry man accused of murdering his pregnant ex-girlfriend has told a jury that there was evidence of "violence from beginning to end" left behind at the scene.

Stephen Cahoon (aged 43) with an address at Harvey Street, Derry, has pleaded not guilty to murdering Jean Teresa Quigley (aged 30) at Cornshell fields in Derry on July 26, 2008.

At the beginning of his closing speech prosecution counsel Mr Patrick Marrinan SC told the jury that the accused man Mr Cahoon said he killed Ms Quigley and "there is no doubt about this in the case."

"He did so in circumstances where two things arise. He said he placed his hand on her throat and she died but he did not have intent to kill or cause serious injury, in other words it was an assault and it was accidental she died," said prosecution for the State.

Counsel said Mr Cahoon is saying "this is an unlawful killing" but it was not accompanied by an intent to kill.

"He says the words spoken by Ms Quigley provoked him to such an extent that he temporarily lost control of himself. He is saying he is not guilty of murder but guilty of manslaughter," said counsel.

The court heard there were only two verdicts open to the jury in this case either that Mr Cahoon was guilty of murder or guilty of manslaughter.

Mr Marrinan told the jury that they knew Ms Quigley was pregnant and carrying the child of the accused man.

"They had a falling out on July 12 2008 and he was told to take his stuff and leave. One can look at texts and see a pattern emerge of a dramatic deterioration in the relationship from that night," he said.

Mr Marrinan said that when the accused man gave evidence he said there was not "a serious falling out."

"Ms Quigley asked the babysitter Christopher Coyle to stay on, does this suggest she was fearful? I suggest it does. Mr Cahoon was asked to leave the house twice with Mr Coyle present," he said.

"Ms Quigley said she wanted him out of her life, she wanted the dogs which was a symbol of their relationship out of her life and she did not want money for the dogs."

Counsel said when Mr Cahoon arrived at Cornshell fields "all of a sudden" he felt sick so he asked to be dropped off at the entrance to the cul de sac.

"It falls into a picture where he is being rather secretive in what he is doing. Then immediately in the early hours he phones a taxi company and gives the name of his friend to be collected. I asked why and he had no explanation for that," said counsel.

Counsel said the evidence left behind at the scene was "violence from beginning to end."

"The door is broken in, it has been forced inwards," said the barrister.

He then pointed to the bruising on Ms Quigley's arms, the defensive injuries and the bruising to her scalp and head which is "utterly inconsistent" with the version of events given by Mr Cahoon.

Mr Marrinan asked the jury to look at the tape used on the night which was significant as there was blood "on both sides of it."

"This is tape you are asked to believe was used in a consensual way. This is evidence of violence and we also have the bed not being in its proper position and being pulled out from the wall. All this is consistent with violence having taken place," he said.

Counsel said the "physical evidence" which was left is "far from what the accused suggests" that he arrived, was greeted and then brought up to engage in sexual activity, "all of it suggests it was a violent event."

Mr Marrinan said the prosecution "have more than rebutted any suggestion" that the accused man lost control of himself by the physical evidence that was found.

"He made a conscious decision to leave a woman who was unwell and needed assistance and lock her in the house. There was no loss of self-control that was temporary and overwhelming to give rise to a defence of provocation," he said.

Defence counsel Mr Michael O'Higgins SC then addressed the jury in his closing speech under eight headings.

The first was the relationship between Mr Cahoon and Ms Quigley which was one that he said "went too fast" and "a very volatile relationship."

He said Mr Marrinan categorises the conduct of Ms Quigley as "someone who is in fear" but the evidence shows she is her "own person", "feisty" and her ex partner said she "had a sharp tongue and knew which buttons to press."

Counsel said after Mr Cahoon's phone rang on the night, the "atmosphere turned very toxic immediately there after."

"Is it reasonable Ms Quigley could have used her sharp tongue upon him? I suggest to you that is a reasonable possibility. He was told the baby wasn’t his and it would be aborted, he said he snapped and saw red and effectively lost control and he attacked her," he said.

Mr O'Higgins said it was over seven years ago since this offence was committed which "places everybody at somewhat of a disadvantage."

Counsel then said if there was "a doubt" in the prosecution case, Mr Cahoon was entitled to a verdict of manslaughter and not murder.

Ms Justice Deirdre Murphy will continue delivering her charge to the jury in the morning.

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