Murder trial judge tells jury to 'proceed with caution'

Jurors in the trial of two people accused of the murder of 66-year-old Robert Wilkin have been warned it could be dangerous to act on some of the testimony of one of the co-accused.

Alan Vial, 39, of Drumanoo Head, Killybegs, County Donegal, and Nikita Burns, 23, from An Charraig, County Donegal, both deny the murder of Robert Wilkin, who was also known as Robin, on 25 June 2023.

The body of the County Tyrone man was found in the sea at the foot of Slieve League cliffs in County Donegal in the Republic of Ireland.

On Thursday, Mr Justice Paul McDermott urged the jury to "proceed with caution" in respect of Mr Vial's evidence "in respect of his implication of Ms Burns."

During the trial Mr Vial claimed it was his former lover and co-accused Ms Burns who beat Mr Wilkin to death with a rock and helped put his body over Ireland's tallest cliffs.

He insisted he was telling the truth when he said that Ms Burns caused Mr Wilkin's death by twice striking him on the back of the head with a rock and that he did not strike him at all.

It is the prosecution case that Mr Vial and Ms Burns were part of a joint enterprise to cause serious harm to Mr Wilkin before putting him over the cliffs.

In a statement to Gardai ( Irish police), Ms Burns denied striking Mr Wilkin and described a fight in which her co-accused hit the deceased six or seven times with a rock.

She also denied helping to put the body over the cliff but accepted that she had helped to clean Mr Wilkin's blood from the car.

Mr Justice McDermott told the jury at the Central Criminal Court in Dublin that Ms Burns' statements to Gardai or others outside court cannot be used as evidence against Mr Vial.

However, Mr Vial's court testimony, which was subject to cross examination by Ms Burns' lawyers, can be used as evidence against her.

The judge added: "You have to proceed with caution when considering his evidence in respect of his implication of Ms Burns, because there is a danger that a co-accused, in his position, on the same charge of murder, may fabricate evidence or falsely implicate their co-accused."

While the jury can rely on Mr Vial's testimony if they accept it, Mr Justice McDermott said it is "dangerous to act on it" where it is uncorroborated by other evidence.

"You are not precluded from acting on it," he said, "but you must bear in mind the warning I have given you in respect of doing so."

Jurors were told where the prosecution alleges a joint enterprise murder, it must prove that both accused entered a tacit or explicit agreement to kill or cause serious injury to Mr Wilkin.

If they both acted in pursuit of that joint goal, the prosecution does not have to establish which of the two inflicted the fatal blows.

However, if the prosecution has failed to prove the joint enterprise beyond a reasonable doubt, jurors were told, they must consider each accused's individual responsibility.

In particular, they must consider whether the prosecution has proved beyond reasonable doubt whether either accused killed Mr Wilkin with the necessary intent for murder.

The judge further told the jury that in relation to each accused, they can return a verdict of not guilty of murder but guilty of impeding the apprehension of another person for murder.

That would arise, he said, in a situation where they were satisfied that one of the accused is guilty of murder but the case against the other is unproven.

Mr Justice McDermott has begun a reprise of the evidence heard during the trial, which began on 17 January. The jury is not available on Friday or Monday and will return next Tuesday.