Mr Justice Tony Hunt told the Central Criminal Court jury of seven men and five women today that legal issues had to be canvassed and if the defence was not calling evidence then they would be "straight into closing speeches".
Sebastian Barczuk (32), with an address at Briarwood Lawn, Mulhuddart, Dublin 15 has pleaded not guilty to murdering Michal Kurek (33) at a place unknown within the State between August 3rd and 4th, 2017.
Mr Kurek, a homeless man with addiction difficulties, was found lying face down in the gateway of a country lane in Ballyboughal with 62 stab wounds to his body, including 25 knife wounds to his back on the morning of August 4th. A Nokia 105 mobile phone was located in the right hand pocket of the deceased's jeans and the handset was still powered on.
Evidence has been given that a cyclist discovered the deceased's body lying next to a gateway in the Grange area of Ballyboughal on the morning of August 4. Former Deputy State Pathologist Dr Michael Curtis has testified that Mr Kurek died from "multiple stab wounds and with a contributory factor of blunt-force trauma to the head and chest".
The trial has heard evidence that the accused man's phone made a data connection at a cell site near Ballyboughal in north county Dublin at 00.53 on the morning Mr Kurek's body was discovered, while the deceased's phone also utilised a cell site at Ballyboughal at 00.52 on the same morning.
Mr Barczuk insisted to gardai in his interviews that he had not travelled to north Co Dublin on the same morning that the body of his homeless friend was found there.
Evidence has also been given that the lower amount of DNA in a mixed profile taken from Mr Kurek's Nokia phone matched the DNA of the accused Mr Barczuk.
On the final day of evidence, Sandra McGrath from Forensic Science Ireland told defence counsel Dominic McGinn SC that she found a mixed DNA profile on Mr Kurek's blood-stained hoodie. The major contributor was from Mr Kurek and the minor contributor consisted of DNA at a very low level, said Ms McGrath, adding that she could not rule out that the minor contributor came from more than one source which meant that the profile could not be interpreted.
Prosecution counsel Lorcan Staines SC told the jury in his opening speech that ultimately the question for them was "who did it" and not whether the deceased was murdered or not. Counsel said the prosecution cannot say where or why Mr Kurek was murdered and a murder weapon was never recovered. The prosecution has told the jury that it will be asked to use circumstantial evidence to convict Mr Barczuk.
The trial continues tomorrow in front of the jury and Mr Justice Hunt.
