Man Accused Of Murdering A Nigerian Teenager Toyosi Shittabey On Good Friday Two Years Is ACQUITTED
Judge’s
directions
Trial evidence
Posted: 13 Dec 2012 01:06 AM PST
The Late Toyosi Shittabey
Michael Barry,
who was found not guilty of the murder of Toyosi Shittabey (15) in 2010,
arriving at the Central Criminal Court yesterday [Dec. 12]. Photograph:
Courtpix
|
A
man accused of murdering a Nigerian teenager on Good Friday two years ago has
been acquitted of the charge after the trial judge directed the jury to find
him not guilty.
Mr Justice Barry White also directed the jury to
find the 26-year-old man not guilty of producing a baseball bat.
Michael Barry (26), of Pigeon House Road,
Ringsend, Dublin 4, had pleaded not guilty to the murder of Nigerian teenager Toyosi Shittabey (15) on April 2nd,
2010 at The Boulevard, Mount Eustace in Tyrrelstown, Dublin 15. Mr Barry had also pleaded not guilty to
producing a baseball bat in the course of a dispute.
It was the prosecution’s case that Michael’s brother Paul, now deceased, inflicted the stab wound on Toyosi but that Michael was an accessory to the murder, following what had been described as a row with racial undertones.
It was the prosecution’s case that Michael’s brother Paul, now deceased, inflicted the stab wound on Toyosi but that Michael was an accessory to the murder, following what had been described as a row with racial undertones.
On
day seven of the trial, Mr Justice Barry
White said there was no evidence to suggest Mr Barry knew his brother Paul
was carrying a knife when he drove him to The Boulevard in Mulhuddart, where
the teenager was stabbed.
Mr Justice White told the jury that they were
advised by prosecuting counsel in the opening of the trial that it was the
prosecution’s case that Mr Barry was
as guilty as his brother by reason of joint enterprise.
He
said the prosecution contended Michael
Barry might have been economical with the truth but there was no evidence
he was aware Paul Barry had a knife.
He
also said one witness, Glen Lupepe
(18) was not prepared to travel back from the UK to give evidence and that
arrangements were made for him to give video evidence but that he had refused
to co-operate. “I don’t know what his
evidence was to be but prosecution advised he was an important witness”,
said Mr Justice White.
The
judge directed a verdict of not guilty be issued against Mr Barry, saying “the interest of justice may not be well served in
this case”, and discharged the jury, exempting them from jury duty for 10
years.
FILE PHOTO: Demonstration in
memory of Late Toyosi Shittabey - April 10, 2010
Photo Credit: nigeriamasterweb
|
The
six-day trial had heard evidence that a row started outside Paul Barry’s house
at Mount Garrett Rise between Paul, Michael and five black males and five
white females after one of the females asked Paul for a cigarette lighter and he refused.
A
fight broke out, resulting in Michael
and Paul being kicked and punched
and Michael believing one of the
youths had taken his mobile phone.
Witnesses
gave evidence that a baseball bat was produced during the altercation but was
not used on anyone.
FILE PHOTO - Toyosi Shittabey’s coffin at Newcastle Cemetery in Dublin - April 2010....Photo Credit: nigeriamasterweb |
The
trial also heard evidence that after the youths fled the scene at about 8pm, Michael drove Paul in his jeep to The Boulevard in the estate in order to
retrieve his mobile phone. Paul had
got out of the jeep and approached one of the black youths. Mr Toyosi then ran towards Paul, who had a knife, and he was
stabbed in the heart.
Witnesses
said Toyosi ran and shouted “he stabbed me” before collapsing
on the roadway. Despite efforts by emergency services to resuscitate him at the
scene, he was pronounced dead at 9.05pm at James Connolly Memorial Hospital.
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