The former lovers accused of murdering Robert ‘Robin’ Wilkin (66), whose body was put over Ireland’s tallest cliffs, could be found guilty of impeding the prosecution of their co-accused by helping to destroy evidence even if they are not found guilty of murder, a jury has been told.
Mr Justice Paul McDermott finished his charge to the jury of seven women and five men on Tuesday in the murder trials of Alan Vial (39) and Nikita Burns (23), each of whom has accused the other of beating Mr Wilkin to death with a rock.
Mr Vial, from Drumanoo Head, Killybegs and Ms Burns, of Carrick, Co Donegal have pleaded not guilty to Mr Wilkin’s murder in Donegal on June 25th, 2023.
Mr Justice McDermott told the jury that the prosecution allege the accused engaged in a joint enterprise to cause serious harm to Mr Wilkin and both are therefore guilty of murder.
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However, in her garda interviews Ms Burns denied striking Mr Wilkin and claimed that it was Mr Vial who beat the deceased with a rock and caused his death.
Mr Vial, in testimony during the trial, said he was grappling with the deceased when Ms Burns struck Mr Wilkin twice on the back of the head with a rock, causing him to stop breathing.
Mr Justice McDermott said that if the jury is satisfied beyond a reasonable doubt that the pair had a tacit or explicit agreement to kill or cause serious harm to Mr Wilkin, then they are guilty of murder.
However, if the jury finds that either of the accused is not guilty of murder, but their co-accused is guilty of murder, they must consider the alternative verdict of “acting to impede the apprehension or prosecution” of the other person.
The trial has heard that gardaí first became aware that something might have happened to Mr Wilkin when Nikita Burns told a number of people that she and Alan Vial had beaten a man with a rock and had thrown him off Sliabh Liag.
Mr Justice McDermott told the jury that Ms Burns later resiled from that statement during her garda interviews, in which she denied striking Mr Wilkin.
She said she was “a bit manic” at the time and that she had exaggerated her involvement because she didn’t want Mr Vial to take all the blame.
The two accused had become lovers during the weeks prior to the alleged murder after Ms Burns started living at Mr Vial’s home.
Ms Burns’s garda interviews, the judge stressed, are not evidence against Mr Vial and can only be considered in regards to the charge against her.
Mr Vial’s evidence, which was given before the court and was subject to cross examination by Ms Burns' lawyers, can be considered as evidence against her, the judge said.
However, he warned the jury to proceed with caution when considering Mr Vial’s statements implicating Ms Burns because, the judge said: “There is a danger that a co-accused, in his position, on the same charge of murder, may fabricate evidence or falsely implicate their co-accused.”
The jury verdict must be unanimous and Mr Justice McDermott said they can take as much time as they need.
The jury has viewed CCTV footage showing Ms Burns, Mr Vial and Mr Wilkin drinking in various pubs in Dunkineely late into the night of June 24th, 2023 and the early hours of the following morning. They left Dunkineely in a car driven by Mr Wilkin and headed towards Killybegs but stopped at an area known as Roshine. It was here that the prosecution alleges Mr Wilkin’s head was beaten in with a rock.
Mr Vial told the trial that he drove to Sliabh Liag with Ms Burns in the passenger seat and Mr Wilkin lying with his head in the back seat and his legs over the centre console. Mr Vial alleged that Ms Burns helped him to put the body over a fence near a viewing area and from there it rolled over the edge of the cliff.
Ms Burns denied any involvement in putting the body over the cliff.
Mr Justice McDermott told the jury that if they find Ms Burns not guilty of murder but guilty of impeding the apprehension or prosecution of Mr Vial, they should state what actions they are satisfied she took.
He reminded the jury that she has accepted she helped to clean Mr Wilkin’s blood from the car but the jury should state on the issue paper if they find that she also assisted in putting Mr Wilkin’s body over the cliff or in disposing of a watch, neck chain and other items belonging to Mr Wilkin.
The jury spent about two hours considering their verdict on Tuesday. They will return to the Central Criminal Court on Wednesday to continue their deliberations.
