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Old 01-27-2004, 10:35 PM
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Murderer Tried To Decapitate Victim

Murderer tried to decapitate victim, court hears

A murder trial jury has heard how the victim was stabbed and hacked from head to toe in a "sustained and vicious assault" during which the killer attempted to decapitate him.

Deputy State Pathologist Dr Marie Cassidy told the trial that the deceased, Derek Benson, was stabbed 25 times and that some of these wounds went through the body from front to back. In addition, he sustained 60 cutting or incised wounds extending "from his head to his toes".

Ms Jacqui Noble, former partner of the dead man, and Mr Paul Hopkins, a pub doorman, are jointly charged with the murder of Derek Benson in Ballymun Dublin in May 2000 in what the State allege is a contract killing.

In the Central Criminal Court today Dr Cassidy told Mr Tom O'Connell SC, prosecuting, that the deceased sustained a total of 17 wounds to the head and neck.

One of these was a "gaping wound" to the neck which cut through to the cervical spine. Dr Cassidy said this was a "slicing or hacking injury" as if in an attempt to decapitate the victim.

Dr Cassidy also noted a number of wounds to the scalp, face and ears, some of which extended from the face to ear. One such injury sliced through the ear and into the mastoid bone.

Outlining the injuries to trunk, Dr Cassidy said there were 12 stab wounds to the front of the chest and 13 to the back. Seven of these were "through and through" from the front of the chest to the back.

On the legs, she noted two "through and through" wounds on the right and left leg in addition to 16 incised or cutting wounds, one of which went completely through the right buttock.

She said the deceased's right kidney, lung, liver, spleen and aorta were punctured and this internal damage corresponded to the external stab wounds.

Dr Cassidy told the court that Derek Benson suffered wounds to the arms and hands which severed multiple muscle tendons. A number of these cuts to the forearms and palms were consistent with defensive type injuries.

Dr Cassidy said the injuries to Derek Benson could have been inflicted with more than one knife but that "the blade was of sufficient weight, length and strength to slice into the arm bone".

The deputy state pathologist told the court that the multiple injuries suffered by Mr Benson was consistent with a "sustained and vicious assault". The direction of the injuries indicate that "at some stage" the deceased "was on the ground during the attack".

Asked to conclude the cause of death she replied: "Multiple stab, incise and cutting injuries to the head, trunk and limbs."

Dr Cassidy also told the court that toxicology tests carried out on the deceased showed a level of the heroin substitute, methadone, in addition to sleeping tablets and valium, a tranquiliser. There was no alcohol present in the blood. These drugs would have had a cumulative sedative effect, she added.

Cross-examined by Ms Isobel Kennedy SC, defending Paul Hopkins, counsel put it to Dr Cassidy that Mr Hopkin's blood was screened some days after the killing and traces of three types of sedatives detected. Counsel suggested that this would cause a similar sedative effect in Mr Hopkins.

Yes, Dr Cassidy agreed, if there was a cocktail of such drugs consumed.

Counsel asked if agreed that Derek Benson was subjected to an "uncontrolled attack".

Yes, Dr Cassidy replied.

Later, Ms Noble's garda statement was read to the court in which she said Derek Benson beat her repeatedly over a 10 year period. She said: "Derek was possessive and a control freak" who also subjected her to "mental torture".

The state's case is that Jacqui Noble, a mother of one from Ballymun, contracted co-accused Paul Hopkins for between three and five thousand pounds to murder Mr Benson.

The prosecution claims that she paid him £200 "up front", the balance to be paid after the murder. At the time of the killing, he as working as a doorman in a public house in Drumcondra.

Jacqui Noble (aged 38) of Knowth Court, Ballymun, Dublin and Paul Hopkins (aged 24) Sillogue Road, Ballymun have both pleaded not guilty to the murder of Derek Benson (aged 33) at Sandy Hill Avenue Ballymun on May 13, 2000.

The trial before Mr Justice Henry Abbott continues tomorrow.
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