Dylan Hayes and Ger Hogan have pleaded not guilty to murdering Shane Murphy in 2015
A JURY will begin considering its verdict this Tuesday in the trial of two Limerick men accused of murdering another Limerick man at his girlfriend's home.
Ger Hogan, aged 34, of Raheen Square, Ballinacurra Weston and Dylan Hayes, aged 22, of The Crescent, Kilteragh, Dooradoyle have pleaded not guilty to murdering Shane Murphy at The Grove, Pallasgreen, on April 30, 2015.
During the trial, the jury of five men and seven women was told Mr Murphy died after he sustained 23 stab wounds including one that pierced his heart.
It is the prosecution case that the two accused men acted together with the intention to kill or cause serious injury to Mr Murphy.
In his charge to the jury this Monday, Mr Justice Patrick McCarthy said there are effectively two trials happening together and they must consider the charge against each accused separately.
For each man, there are three possible verdicts he said.
If the prosecution has proved beyond reasonable doubt that the accused intended to kill or cause serious injury then the correct verdict is guilty.
However, if the jury accepts that the accused could have been provoked into a total loss of self control as a result of something Mr Murphy said or did, then the correct verdict is manslaughter.
When considering provocation, Justice McCarthy said the jury should look at the specific accused person and not some "notional person". "Take into account his personality and his circumstances insofar as you can," he said.
While he said that drink is not a defence, he added that when considering a man's state of mind it is one of the factors to be taken into account.
Mr Justice McCarthy said a not guilty verdict should be returned in either case if the jury accepts that the accused did not intend to kill or to cause serious injury to Mr Murphy.