Comments from murder accused about 'illegal immigrants' must not prejudice jury, barrister warns

Eoin Reynolds

A jury must not allow a murder accused's comments to gardaí about "illegal immigrants" and "invaders" to prejudice their verdict, a barrister has told the Central Criminal Court.

Michael Bowman SC said his client, Mark Lee (44), may have "objectionable and unsavoury" views, but it is forbidden to allow such prejudice to "overwhelm the forensic process of sifting through the evidence".

The prosecution, he said, has "bent over backwards" to tell the jury that the accused must have known that the deceased was a foreigner.

However, Mr Bowman said there is no evidence that Mr Lee or either of his co-accused said anything about foreigners before the assault.

Mark Lee of no fixed abode, and Anthony Delappe of Melrose Avenue, Clondalkin, have both pleaded not guilty to murder but guilty to the manslaughter of Josip Strok at Grangeview Way in Clondalkin on April 3rd, 2024.

Connor Rafferty of Castlegrange Close, Clondalkin has pleaded not guilty to Mr Strok's murder. All three have pleaded guilty to assault causing harm to David Druzinec (29) at the same location.

It is the prosecution case that on March 30th, 2024, Mark Lee was told of an alleged assault on a teenage boy at a nearby bus stop and alerted the two other accused.

The prosecution alleges that the three then followed Mr Strok and Mr Druzinec and assaulted them in the street. Mr Strok died four days later from blunt force injuries sustained in the attack.

Mr Bowman said the prosecution had relied on comments made by Mr Lee about "illegal immigrants" and "invaders" to gardai two days after the assault to suggest that he "hates foreigners so much" that he ran out of his house and beat one of them to death.

While Mr Bowman described Mr Lee's comments as "objectionable and unsavoury", he warned the jury against prejudice that might lead them to think that because he holds certain views, he is more likely to commit this kind of offence.

Mr Bowman also challenged the prosecution's assertion that the nature of the assault, involving kicks, stamps, punches and striking with a pickaxe handle and a crutch, proved that the three accused intended at least to cause serious injury.

The injuries suffered by Mr Strok bear a "remarkable similarity" to those sustained by Mr Druzinec, he said. The one exception is a fracture to the back of Mr Strok's skull which caused severe trauma and death.

State Pathologist Dr Heidi Okkers told the trial that this injury was "most likely" caused by a fall backwards onto the ground.

Given that Mr Druzinec recovered from his injuries, Mr Bowman asked the jury to consider whether the natural and probable consequence of such an assault is serious injury or death.

Mr Bowman also questioned why, if Mr Lee wanted to cause serious injury, he did not bring with him a wheel brace that gardai found in his home during a search two days later.

"I say he didn't bring the wheel brace because he didn't intend to kill or cause serious injury," Mr Bowman said.

Mr Bowman said the assault was "dreadful and cowardly". In pleading guilty to manslaughter, he said his client accepts responsibility for Mr Strok's death.

He asked the jury to "leave outside any views you have in relation to the rightness or wrongness of views expressed" and to come to a true verdict. The prosecution, he said, had put forward material which falls short of proof beyond reasonable doubt on the murder charge.

"I say the appropriate verdict is one of manslaughter in relation to Mark Lee," he concluded.

Ms Justice Mary Ellen Ring will deliver her charge to the jury of six men and six women next Tuesday.