Supreme Court STABBING CHARGES

Press, Volume CVII, Issue 31407, 28 June 1967, Page 12

Supreme Court STABBING CHARGES

Soldier Not Guiltv

A jury In the Supreme Court yesterday acquitted a 23-year-old soldier, John David William McSharry, of Burnham Militaiy Camp, on charges of stabbing two men with intent to cause them grievous bodily harm, or of assaulting them. The jury reached the decision after a retirement of nearly two hours.

McSharry had pleaded not guilty to charges of injuring John Moore Kelly, a meat carter, and Neil Robert Trainor, a freezing worker, at a flat in England street on March 27. In his final address the Crown Prosecutor (Mr C. M. Roper) said there was clear conflict of evidence given by McSharry and Kelly and Trainor. “This is an ideal case for a decision by a jury,” he said.

There were very serious limitations to McSharry’s defence that he had acted in self-defence. The circumstances had not justified the use of a kitchen knife as he had admitted doing. This was a desperate means of self-defence and was not reasonable in the circumstances.

Counsel for McSharry (Mr L. M. O’Reilly) said the main weakness in the Crown’s case was the lack of evidence of intent. McSharry’s defence of self-defence suggested that Kelly and Trainor had gone to the flat without justification and were spoiling for a fight. They had been determined to get McSharry outside and beat him up. In their evidence Kelly and Trainor had every reason to lie and throughout they had been evasive. McSharry’s evidence was to be preferred. Mr Justice Macarthur discharged McSharry.