The jury in the trial of Michael Scott can return a verdict of manslaughter if they acquit him of murder but find that he was grossly negligent when he reversed over his 76-year-old aunt in an agricultural teleporter.
Ms Justice Caroline Biggs has begun her charge to the 15-person jury in which she explained the legal principles that they will apply when considering the evidence. To find Mr Scott guilty of murder, she said they must be satisfied beyond reasonable doubt that Mr Scott intended to kill or cause serious injury to his aunt when he ran over her.
If they are not satisfied that the prosecution has proven the case for murder, Ms Justice Biggs said the jury must consider a verdict of manslaughter through "gross negligence". If there is a reasonable possibility that what happened was an accident, they must acquit Mr Scott and enter the words "not guilty" on the issue paper, she said.
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For a manslaughter verdict the prosecution does not have to prove that Mr Scott intended or even foresaw that he was going to harm Ms Treacy or anyone else, the judge said. "It is the act itself of driving in a grossly negligent way causing the death of another human being that gives rise to manslaughter," she said.
A finding of criminal negligence would require the jury to be satisfied that the manner of Mr Scott's driving was "so bad that any reasonable person, if they thought about it at all, would have realised that they could cause serious injury to some person."
Mr Scott (58) of Gortanumera, Portumna, Co Galway has pleaded not guilty to murdering Ms Treacy outside her home in Derryhiney, Portumna, Co Galway on April 27, 2018.
The trial has heard that Mr Scott told gardai that he was reversing the teleporter across the yard outside Ms Treacy's home when he felt a "thump" and thought he might have struck a trailer. He said he rolled the machine forward to level ground and when he got out of the cabin he found Ms Treacy lying on the ground.
The prosecution case is that Mr Scott deliberately reversed over Ms Treacy following a long-running dispute over land. Mr Scott's lawyers have told the Central Criminal Court that her death was a tragic accident.
Ms Justice Biggs today told the jury that they have a "tremendous burden" but must not shirk from their responsibility in coming to a verdict. They must not be concerned about the consequences for Mr Scott if he is convicted of an offence, or allow sympathy for Ms Treacy to influence them if their decision is to acquit. "If you are doing that you are not applying the cold clinical assessment of the evidence," she said. "It is important to separate your decision making process from the consequences of your decision."
