Man feared for his life when driving alleged perpetrators of fatal assault, court hears
A young man feared for his life when he drove the alleged perpetrators of a serious assault from Blanchardstown in Dublin to an isolated area where the alleged victim would later be found having died from his injuries, a barrister has told the Central Criminal Court.
In his closing speech on Tuesday, Michael Lynn SC told the jury that his client, Lorenzo Cantaragiu (21), acted reasonably given the "intimidating and terrifying" circumstances in which he found himself.
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Mr Lynn said Mr Cantaragiu was terrified, believed he was at risk, and froze. He reminded the jury that Mr Cantaragiu told gardaí that his two co-accused, who are charged with murder, threatened to kill him and he saw no way to escape.
Mr Lynn added: "At his age, in the circumstances in which he found himself, he acted reasonably. What else could he have done?"
Mr Cantaragiu, of Castlegrange Park, Blanchardstown, faces four charges of impeding the prosecution or apprehension of Viorel Doroscan (23) and Otniel Richardo Clejan (24), while knowing or believing them to have committed the offence of causing serious harm to Mahamud Ilyas. He has pleaded not guilty to all charges.
The prosecution alleges that Mr Doroscan and Mr Clejan fatally assaulted Mr Ilyas following a row over a stolen bag of cannabis on December 9th, 2022 at an apartment at Verdemont in Blanchardstown, Dublin 15.
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Mr Doroscan, of Bay Meadows Square, Hollystown, West Dublin, and Mr Clejan, with a former address at Verdemont, have pleaded not guilty to Mr Ilyas's murder.
Mr Ilyas died from blunt force trauma to the head. Assistant State pathologist Dr Margaret Bolster told the jury that the deceased sustained depressed fractures to his head, which were "typical of hammer blows". Lawyers for Mr Doroscan and Mr Clejan told the jury that their clients acted in self-defence after Mr Ilyas attacked them.
It is alleged that Mr Cantaragiu impeded the prosecution by driving Mr Clejan and Mr Doroscan to Belgree Lane in Co Meath, where Mr Ilyas's body was found in a field the following day. It is further alleged that Mr Cantaragiu cleaned his car to impede the prosecution.
Mr Lynn urged the jury to accept that his client told the truth when he described to gardaí that he was terrified and shaking when Mr Doroscan and Mr Clejan approached him.
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He had told gardaí that Mr Doroscan "jumped" him, kicked him a few times and broke his tooth. He said he was afraid of Mr Doroscan because Mr Doroscan had beaten him up in the past.
Mr Lynn further reminded the jury that during the drive to Belgree Lane, Mr Cantragiu recalled Mr Clejan telling him that he would kill him if he tried to run away.
Mr Cantaragiu added: "I was stuck. Nothing was coming into my head at that point. I was just doing what they were saying. I couldn't judge right, I still can't judge right now. My head is all over the place."
The defendant also told gardaí that he feared that "bigger criminals" or drug dealers would come after him and he was worried for his family.
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Mr Lynn said the jury could also be satisfied that when he began driving, Mr Ilyas was still alive and Mr Cantaragiu believed he was taking him to his mother's house. He had not gone with the intention to impede any prosecution, Mr Lynn said.
During the drive, it became apparent they were not bringing Mr Ilyas to his mother's house, Mr Lynn said, and Mr Cantaragiu "fled" the scene after seeing Mr Ilyas being taken from the car.
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Mr Lynn added: "If he had intended to impede their arrest or prosecution, he would have remained with them and driven them to whatever destination they wanted to go to, but he didn't do that; he left them high and dry."
Mr Lynn said the evidence showed that Mr Cantaragiu had previously arranged to sell his car and decided to go through with the sale. He cleaned the car ahead of the sale, not to destroy evidence, Mr Lynn said.
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Mr Lynn said his client had cooperated with gardaí and provided information that was of real assistance to the investigation. He added: "I urge you to accept his account at interview as reliable and truthful, and I suggest to you that he had no intention whatsoever of impeding any arrest or prosecution."
Mr Justice Tony Hunt will deliver his charge to the jury of five women and seven men on Wednesday before they begin their deliberations.
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