The jury in the trial of a man accused of attempting to murder three children in Dublin in 2023 has been sent out to deliberate after being instructed by the judge to set aside emotions. Mr Justice Tony Hunt told the jury at the Central Criminal Court in Dublin to be objective, rational, and to put any emotions firmly to one side, as this was a case where feelings might easily interfere.
Trial Background and Charges
Riad Bouchaker, 52, of no fixed address, faces eight charges related to the incident on Parnell Square East on November 23, 2023. He is charged with the attempted murder of two girls, aged five and six, and one five-year-old boy. Additional charges include intentionally or recklessly causing serious harm to care worker Leanne Flynn, assault causing harm to two young children and a teenager, and producing a 36cm kitchen knife. Bouchaker has pleaded not guilty to all charges.
Judge's Instructions on Emotions
Mr Justice Hunt emphasized the need for a logical and cold assessment of the evidence, free from understandable emotions. He warned the jury not to change opinions for the pragmatic purpose of reaching a verdict. The jury began deliberations at around 3pm on Tuesday.
Alternative Verdicts Explained
The judge explained that for the charge of attempted murder of a then-five-year-old girl, who is now non-verbal and uses a wheelchair, the jury could return a verdict of intentionally or recklessly causing serious harm, alongside guilty or not guilty. For the other two attempted murder charges, verdicts of assault causing harm were possible. Mr Justice Hunt clarified that attempted murder requires an intent to kill, not merely to frighten or cause serious harm, and the level of injury is not decisive but can be a factor.
Assessment of Intent
The jury must determine if Bouchaker had a specific intention to kill, which must be inferred from the evidence. The judge stated there is no machine to divine intention; instead, the jury must assess primary and secondary facts to draw inferences about Bouchaker's purpose.
Assault Causing Harm Charge
Regarding the charge of assault causing harm to a teenager, Mr Justice Hunt noted that the teenager took a risk by intervening but stressed that this does not imply consent. A knife nick could constitute harm, and it is for the jury to decide if it is proven beyond a reasonable doubt.
Possession of a Knife Charge
The judge said that if the jury is not satisfied with an attempted murder verdict but finds an assault-type offence occurred, it would not preclude a conviction on the charge of possession of a kitchen knife.
Summary of Evidence
Mr Justice Hunt summarized the evidence, noting that CCTV footage is a useful yardstick to measure the accuracy of other testimony. According to the footage, the time between Bouchaker moving in and intervention lasted about 15 seconds, though the jury was encouraged to count time stamps themselves. He mentioned 16 witnesses to the incident, highlighting how memory can be fallible, especially given the shocking and horrendous nature of the event.
The jury heard evidence from parents about the aftermath and injuries to their children, witnesses of alleged prior encounters with the accused, medics, emergency service personnel, and investigating gardaí. The judge described garda interviews with Bouchaker as important testimony, though out of court, and noted that any answer given that remains reasonably possible must be acted upon.
