Pat Ward trial: Jury instructed to also consider alternative charge

The move came ahead of prosecution and defence counsel addressing the jury from their respective viewpoints on the evidence before Dungannon Crown Court.

Karen Marie McDonald (37), of McCrea Park, Clogher, denies murdering Pat Ward on February 9, 2019.

Previously, two alternative counts of manslaughter and assisting an offender were added which are also denied, as is the latest matter.

Her partner, Niall Cox (27), of the same address, initially also denied murder, but changed his plea and awaits sentencing.

Pathologist Professor Jack Crane said Mr. Ward was “beaten, kicked, stabbed and struck a number of times to the head with a heavy, blunt elongated object ... extensive blood loss, combined with the head and chest injuries, were responsible for rapid but not immediate death”.

McDonald insists she was no part of the attack, nor did she clean up the bloodied scene in her home, instead contending she acted under duress due to fear of Cox who had a history of subjecting her to significant violence.

On the latest charge, Mr. Justice Fowler KC informed the jury they must consider if not assisting Mr. Ward, knowing he was seriously injured, then left outdoors in the cold almost naked, amounted to manslaughter.

He also advised that while McDonald contends she acted under duress, this cannot be a defence to murder, but can apply in the alternative charges.

The jury must decide if the evidence against McDonald is applicable for conviction on any or none of the counts.

Prosecution counsel John Orr KC told the jury that while McDonald claimed to be petrified of Cox, she never reported his abusive behaviour to police.

He said CCTV footage showed her carrying Mr. Ward’s legs for a short distance while Cox dragged him by the arms, and it was obvious the injuries were extremely serious, but she did nothing to help.

Mr. Orr said that prior to that, when Mrs. Ward called to the house looking for her husband, McDonald shouted “Who the f*** do you think you are? Get out of my house."

She told Mrs. Ward to keep quiet as she had two children upstairs, then proceeded to say Mr. Ward got a taxi to Enniskillen, despite knowing full well where he was.

Neither were true, leading Mr. Orr to ask: “Why would she lie to this man’s wife?”

Defence counsel Desmond Fahy KC told the jury: “You don’t need to be a solicitor, barrister or judge to see what’s going on here. Niall Cox murdered Pat Ward. Karen McDonald did not murder [Mr. Ward] and there is no evidence to support a conviction.”

He said weapons in the house were connected to Cox, and the evidence against him is “simply devastating ... The chain of guilt tightened ... That’s not the case against my client, because there is a black hole of evidence. She is not connected to any weapon. Nor is there any evidence she assaulted the victim."

DNA matching Mr. Ward was found on a barbell, a machete and a wooden shaft, and while there were links to Cox, there was nothing connecting McDonald to these or any other items seized as suspected weapons.

While traces of the victim’s blood were found in McDonald’s hair, this could have been airborne as he was attacked by Cox, or transferred to her hands while carrying Mr. Ward’s legs, before touching her head.

Defence counsel reminded the jury that McDonald disclosed an attempt by Mr. Ward to kiss her, followed by Cox “grossly overreacting".

He said: “She got herself away from it. She had seen before what Cox was capable of ... Male violence is the dark and disgusting cloud that hangs over this. I’m not going to use the term 'domestic violence'. It sugar-coats it. It’s violence, no matter where or by whom ... My client told this court ‘He run me into the ground. I had nothing left to give'.”

The defence concluded: “It’s not good enough to suggest she was playing the victim card. She was a victim of Niall Cox. But there’s only one victim in this trial, and that is Pat Ward, who was murdered by Niall Cox.”

The trial continues.