THE trial of a man for threatening to kill a pregnant woman collapsed when the woman gave evidence of believing that the young man did not really mean it and was speaking in the heat of the moment.
Gino Delaney, aged 25, of 4 Plunkett Road, Ballyphehane, Cork, was put on trial at Cork Circuit Criminal Court on a charge of threatening to kill Karen O’Flynn on Joe Murphy Road in Ballyphehane on the afternoon of January 21, 2020.
Ms O’Flynn, who is also in her mid-20s, said, Gino Delaney started shouting at her: “If my brother gets done for you I will chop you up and bury you. Watch what will happen.”
Ms O’Flynn said she was pregnant at the time and walked up to a local Centra where she knew there were cameras and she felt safe.
She rang her boyfriend and rang gardaí.
Shortly after commencing her evidence she said:
“He probably didn’t mean it. I don’t think he did, really. He was just hot-headed that day. There were a lot after going on.”
She went on to tell Paula McCarthy, defence barrister, she did not think he meant it.
Ms O’Flynn added: “I did at the time. I don’t think so today.”
Judge Seán Ó Donnabháin asked Ms McCarthy if she had any application.
She applied to the judge to direct the jury to find Gino Delaney not guilty in light of the evidence from Ms O’Flynn.
The judge directed the five women and seven men of the jury to make a finding of not guilty by direction of the trial judge.
He explained that because of the complainant’s evidence — effectively given in favour of the defendant that he did not mean what he said — there was no evidence of him having an intention.