A man has been found guilty by a jury of the unlawful killing of a kitchen porter who died after the home he was living in was set on fire.
Dean Boland (34) had pleaded not guilty at Dublin Circuit Criminal Court to the unlawful killing of Ohari Viera, damaging property by arson and burglary and theft at Oaklands Terrace, Terenure, Dublin, on August 21st, 2018.
The prosecution alleged that Boland, of Northwood, Santry, broke into the house where Mr Viera was living, stole a rucksack and set fire to the property.
Mr Viera re-entered the property before the arrival of emergency services and later died of cardiac arrest in the hospital.
Judge Elma Sheahan thanked the jury for its service. It took them six hours and one minute to reach their verdict on day eight of the trial.
Gareth Baker, SC, defending, requested a probation report and a psychological report be carried out on Boland.
Judge Sheahan agreed and set a sentencing date of March 10, 2023.
Arson
In his opening address, Seamus Clarke SC, prosecuting, told the jury that this was a case of “involuntary manslaughter” in that the death of Mr Viera which “occurred because of the arson”.
Witness Lando Junkueira told the jury that he and Mr Viera shared a bedroom in the upper flat of the property along with another man. He and Mr Viera slept in single beds in the front room of the building.
He said another man, George Cullen, lived in a separate flat downstairs. Mr Junkueira told Mr Clarke that he woke around 3 am because he heard a man shouting downstairs. The man was calling out “George”, and there was banging on walls and doors.
His flatmate came into his room a short time later and told him and Mr Viera that there was a fire downstairs. Mr Junkueira called the emergency services, and he said the gardaí arrived first and the fire brigade later.
He stayed in the front garden with his flatmates when a man, identified in court as the defendant, approached them. He said Mr Boland appeared “nervous and intoxicated” and was holding a can of beer.
Argument
Mr Junkueira said Mr Viera had “a brief argument” with Mr Boland, asking him what he was doing there. He agreed that Mr Viera went back into the house.
Forensic examiner Paul Collins told the trial that it is his view that the fire in the ground floor apartment of the house started as a consequence of a “deliberate act”. He said he examined the apartment the following day, and it was his opinion that the fire could not have started accidentally.
He said the evidence indicates that the fire started in the bedroom of the ground floor apartment, between the bed and the stairwell parting wall.
Mr Collins agreed with Garret Baker SC, defending, that while he can't say what started the fire, he is confident he identified the location where it began. Mr Collins said that it is his view that human input started the fire, though he can't say its nature.
Apartment
Mr Collins said the high temperatures of the fire destroyed the ceiling of the ground floor apartment, causing damage to the floor of the upstairs apartment.
The apartment's tenant, George Cullen, said that he met Mr Boland at a treatment facility. When he was homeless, the defendant allowed him to stay with him on a few occasions. Mr Cullen said he met Mr Boland in the days before the fire and the defendant asked if he could stay with him.
The witness said he told Mr Boland that he was going into hospital and to contact him if he was stuck when he got out.
Boland’s clothes were seized by gardai, and DNA samples were taken for forensic analysis. No forensic evidence, DNA or fingerprints relating to Mr Boland were found at the scene.
Mr Baker told the jury in his closing speech that there was “a massive gaping hole” in the evidence of the prosecution “as they cannot tell you how Mr Boland set fire to the house”. He suggested that the jury needs to know how the fire started to determine if his client intentionally or recklessly started the fire.
Referring to expert evidence in the case, Mr Baker said that all three of these witnesses could not tell the jury what caused the fire.
