A young chef who has a slight build and was described by a a friend as looking like a "14 or 15 year old boy from behind" would have been incapable of murdering a man by inflicting numerous injuries on him and then carrying out a "horrific decapitation and dismemberment," his defence barrister has told his trial.
Ionut Cosmin Nicholescu (30) is charged with the murder of 64-year-old father of three, Frankie Dunne, who was found headless and dismembered on the grounds of a derelict house on the Boreenmanna Road in Cork city on December 28th, 2019. He denies any involvement in the murder.
The body of Mr Dunne was discovered by a local man who was out looking for his missing cat called "Mouse." He went in to the grounds of Castlegreine House in a bid to find his pet and stumbled across the body under a bush.
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Philipp Rahn, SC, who is defending Mr Nicholescu made his closing speech to the jury at a murder trial which is being heard at the Central Criminal Court sitting in Cork.
Mr Rahn said that State Pathologist Dr Heidi Okkers, who undertook the postmortem of Mr Dunne, said that the decapitation and dismemberment of the murder victim had been carried out after his death.
Mr Rahn said that it was up to the jury to decide whether this was something that Mr Nicholescu could do on his own. He stated that in his cross examination of Dr Okkers she agreed that Mr Dunne had suffered a large number of injuries including head lacerations and a fractured skull.
He said that whilst Dr Okkers had said that the injuries could have been inflicted by one person she also indicated it was possible that the murder of the Mr Dunne involved two people.
Mr Rahn said it was his belief that the sheer multitude of injuries "suggested more than one attacker.
"It is highly unlikely that he (Nicholescu) would be capable of inflicting all those injuries and then carrying out a horrific decapitation and dismemberment."
He said that this was in keeping with the account his client had given to police in his native Romania about what allegedly occurred when he returned to Castlegreine House, where he had been squatting on December 27, 2019.
Mr Nicholescu, who is originally from Branistea Village in Dambovita County in Romania, claimed that he that he had no involvement in the murder. He said that he had come across two men on the grounds of Castlegreine House who had forced him to bag the remains of the deceased. He said the men were armed with a machete and a knife.
Mr Rahn put it to the jury of eight women and four men that there was no connection between Francis Dunne and Mr Nicholescu, who was working in the Silver Quay restaurant in Cork in 2019.
"The connection between them is non existent. There was no animosity between them. There is an absence of history or animosity."
Meanwhile, Mr Rahn said that the Prosecution hadn't furnished any explanation for a second fingerprint which was found on a bag containing clothes on the grounds of Castlegreine House in the aftermath of the murder.
"There is no explanation of that whatsoever. That blows a very large forensic hole in the Prosecution case."
Mr Rahn said that the Prosecution had described as "significant" that the blood of Francis Dunne was found on a roll of black bags which had been places on a cistern in a bathroom of the derelict Castlegreine House.
"Is it really (significant)? Is it not entirely consistent with what Nicholescu said that he was covered in blood (after being forced to bag the remains) and went upstairs to clean himself in the bathroom?"
Mr Rahn also argued that whilst there was a clear forensic link between a glass bottle found in Castlegreine and Frankie Dunne no forensic link was uncovered between the glass bottles and Mr Nicholescu.
"But the Prosecution are calling (the glass bottles) the murder weapon."
He also said that the jury shouldn't read too much in to the fact that Mr Nicholescu went to work the day after he claimed that he was forced to bag the remains of Mr Dunne on the grounds of Castlegreine House. He said that people "react differently to trauma and shock" and that whilst "fight or flight" kicks in for some others "just freeze."
Mr Rahn added even though Mr Nicholescu didn't raise the alarm with gardai after he was allegedly forced to bag the head of Mr Dunne this was not "necessarily indicative of guilt."
He said that Mr Nicholescu was a person from another jurisdiction whose instinct was to return home to his native Romania. The trial continues with a charge of the jury by Mr Justice Paul McDermott. It is expected that the jury will retire to consider their verdict tomorrow. Mr Nicholescu denies any involvement in the murder.
Yesterday, Ray Boland, SC, made a closing speech to the jury on behalf of the Prosecution.
The trial previously heard evidence from local man Joseph Pierce. He said that he was trying to find his missing cat “Mouse” when he made the grim discovery of the body of Mr Dunne.
In his closing speech to jurors, Mr Boland claimed that Mr Nicholescu’s unlucky streak was such that Mr Pierce had not only gone on to the grounds of the derelict house for the first time in his life, but had also looked under a bush for his missing pet.
He said it was the case of the State that the dismemberment of Mr Dunne by Mr Nichoelscu was a “work in progress” and that the “last thing he (Nicholescu) expected was for somebody to find the body of Frankie Dunne.”
“He (Nicholescu) was unlucky that happened. It was an extraordinary coincidence that the wife of Mr Pierce was upset (about the missing cat) and that he went to search for it. In twenty years living (in the area) he (Pierce) had never been in the garden of that (Castlegreine) house. It was an extraordinary occurrence that he went in looking for his cat and and that he looked under the bush."
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