A prosecuting barrister has told the Central Criminal Court that it is “absurd” to suggest that the man accused of the attempted murder of three children on a Dublin street did not intend to kill.
Riad Bouchaker, 52, of no fixed address, is charged with the attempted murder of two girls and one boy, and assault causing serious harm to care worker Leanne Flynn, in Parnell Square East on November 23 2023. He has pleaded not guilty to all eight charges, which also include assaulting two young children and a teenager, and producing a 36cm kitchen knife.
Prosecution's closing statement
On Monday, the jury of nine men and three women were told the prosecution’s case had formally closed and that the defence would not be calling evidence. Mr Justice Tony Hunt instructed the jury that every accused person has the right not to give evidence, stating the accused “can say ‘I want nothing to do with this process, you prove the case’.”
In his closing statement, prosecuting barrister Karl Finnegan SC emphasised he was asking the jury to find Bouchaker guilty on all eight charges. He urged the jury to “absolutely reject” the defence argument that Bouchaker did not intend to kill or was not in his right mind, calling it “inconsistent” with CCTV footage, eyewitness accounts, and the injuries sustained by the victims.
Finnegan referred to Bouchaker’s statements to gardaí a month after the stabbing, in which Bouchaker expressed regret or said he was thankful no one died. He argued that “even if true,” this was “irrelevant” to his intention at the time of the attack. He said it did “not help one jot” that Bouchaker had said “thank god” no one had died, indicating that Bouchaker understood death was a likely consequence of his actions.
“Most importantly,” Finnegan said, the defence should be rejected as “inconsistent with common sense” and it was an “absurd” suggestion that he did not intend to kill. He described Bouchaker’s statement as “an acknowledgement of how close things came to murder” and that he was only “stopped by the courage of others.” He concluded, “See this for what it is, ladies and gentlemen.”
Defence's closing statement
Defence barrister Michael O'Higgins suggested to the jury that there was a “dearth of evidence” in two of the three attempted murder charges. He pointed out that no evidence was presented showing that a less than 1cm laceration on a five-year-old boy’s neck was caused by Bouchaker, and that the evidence to sustain the “extraordinarily high count” of attempted murder was also lacking in relation to a head wound to a six-year-old girl.
O'Higgins urged the jury not to view the accused as “some monster” but as a person presented for trial. He said he was not asking for “your sympathy” for Bouchaker, who he described as “inflicted, impaired and somewhat adrift” in the process, as that would be an “emotional” response. Instead, he asked the jury to consider if a member of their family were sitting where Bouchaker is, “ask what kind of trial would you want” for them, adding that the jury represents “the best parts” of society. He also said that “vengeance should have no place here” and that the “shrieking” of others “should find no place in these courts.”
Jury deliberations expected
After the closing statements, Mr Justice Hunt said he expected his charge to the jury would continue for the duration of the afternoon and into Tuesday. The jury will then begin its deliberations.
