A judge has “very reluctantly” excluded a man accused of murdering his former partner from his own trial, where he was representing himself.
Mr Justice Paul Coffey on Friday told the Central Criminal Court jury that this was "a very unusual situation" but the accused man's right to be present at his trial was not "an absolute right" and he had to be willing to abide by procedure.
Vesel Jahiri (35), originally from Kosovo but of no fixed abode, has pleaded not guilty to murdering Anna Finnegan (25) at Allendale Glen, Clonsilla, Dublin 15 on September 21st , 2012.
He has also pleaded not guilty to assaulting Karl Finnegan, causing him harm, at the same place on the same date.
Mr Jahiri previously dismissed his legal team and was representing himself at the trial.
On Thursday Mr Justice Coffey told the accused that he was “abusing” his position during his cross-examination of witnesses and was “throwing out allegations like confetti”.
CCTV footage
On Friday prosecution counsel Mr Patrick Marrinan SC called Garda Patricia Davey of Blanchardstown Garda Station to give evidence. Gda Davey agreed with Mr Marrinan that part of her duties in the investigation was to view all the CCTV footage that had been collected. This included footage from outside the Accident and Emergency Department at James Connolly Memorial Hospital which lasted from 8.50pm until 8.52pm on September 21st .
The court heard that this footage showed Mr Jahiri arriving at the hospital with Ms Finnegan, people attending to her and then Ms Finnegan being brought into the hospital. The CCTV footage, lasting two minutes, was then played to the jury.
Gda Davey told the court that Mr Jahiri can be seen driving a white car at speed up to the doors of the Accident and Emergency Department at 8.50pm. He then exits the car and opens its rear doors. Mr Jahiri remains at the rear of the car and security staff begin arriving.
Mr Jahiri then carries a person from the car and leaves this person on the ground behind the car. Someone then assists Mr Jahiri before security personnel lift this person from the ground onto a trolley.
Gda Davey said Mr Jahiri remains outside the entrance door to the Accident and Emergency Department, then walks to the car, picks up an unknown item from the ground and puts it into the car. The car then exits the car park.
The jury were asked to leave court by Mr Justice Paul Coffey during Mr Jahiri’s cross-examination of Gda Davey. When the jury returned the judge told them that “a very unusual situation” had arisen and as they could see Mr Jahiri was not present in court.
“I have had to very reluctantly exclude him from this trial,” he said. Mr Justice Coffey said the accused had been advised at all times that he had a right to be present at his trial but it was not “an absolute right” and he had to be willing to abide by procedure. “Unfortunately the point of no return has arrived this morning,” he said. The court heard that the case would now proceed in Mr Jahiri’s absence.
The trial continues before Mr Justice Coffey and a jury of nine men and two women.