A COLD CASE murder trial has been told that a member of a bible study group strangled a widowed pensioner and set fire to her Kilkenny house shortly after a publican had dropped her home.
John Joseph Malone is charged with murdering 69-year-old Ann (Nancy) Smyth on 11 September 1987 at her home on Wolfe Tone Street in Kilkenny City.
Malone (53) of Newpark, Kilkenny city, has pleaded not guilty and has gone on trial at the Central Criminal Court.
Sean Gillane SC, prosecuting, opened the case for the jury this morning. He explained that this was an old case or ‘cold case’, but that he couldn’t take any advantage from that.
He said that Smyth, who had lost her husband the previous year, had lived alone with her labrador in a detached bungalow. He said she was very well-known locally, very visible and loved a chat.
Had been out with friends
He explained that on Thursday night, 10 September, she went to a local pub, where she was well-known. She was there from about 9pm to midnight, during which time she chatted with locals and had a number of drinks.
Although she lived nearby, the publican often dropped her home. He also did so this night, bringing her to her door. On the prosecution case, the publican was the last person to speak to her prior to her interaction with the person the State says was ultimately her murderer.
Gillane said that a man driving by noticed her house on fire around 5am. He managed to open one window but was repelled by smoke.
The emergency services found Smyth lying on the floor next to a burnt-out sofa. Her body had extensive burns, he explained.
Initially not treated as suspicious
There was no immediate suspicion, with it appearing to have been a domestic fire. However, on further examination, her cause of death was found to be asphyxia due to neck compression that had enough force to fracture her thyroid cartilage. There was also trauma to her head, he said.
“So Ann Nancy Smyth wasn’t killed by the fire,” Gillane said. “An investigation commenced.”
A neighbour had heard an argument around 12.30am or 1am. There was ‘some give and take’ and a man was shouting:
‘Let me f**king in’ and ‘I’ll f**king get you’.
This neighbour knew the accused and said that it was he who was shouting.
Others on the street saw a man banging on Smyth’s porch window, and one witness said a man with a speech impediment had asked him for a cigarette.
“On the evidence, you’ll be satisfied that was John Joseph Malone,” said Gillane.
The prosecutor said that the 1987 investigation had run into the sand and no prosecution was initiated. However, he said that in 2005 a person came forward with some information that ultimately led to the case being resuscitated.
There was a public appeal for information in 2012 through the television programme, Crimecall, and witnesses came forward.
Gillane told the jurors they would hear from a member of a bible study group that the accused had also attended. He would say that the accused told him that he had fought with Nancy Smyth that night, that he had struck her, that she’d died and that he had set fire to the house.
A member of the same circle would give evidence that Malone told him he’d strangled her.
“The prosecution case is that the man on the street shouting: ‘I’ll f**king get you. Let me in,’ was Malone,” concluded Gillane. “That he did get in, that he strangled Smyth and set the house on fire, and subsequently admitted his guilt of same.”
The trial continues before Justice Patrick McCarthy and a jury of five women and seven men. It’s expected to last more than three weeks.
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