Murder trial of siblings hears sister is a 'deeply cynical and devious person'

Mr Farrell said there were only two people present when Mr Horan was “beaten to death” in his very small apartment.

“If it certainly walks like a duck, talks like a duck, it certainly might be a duck. This case is as clear as it conceivably could be,” he said.

Short deliberations

Prosecution for the State told the jury they could deal with the case of Sabrina Cummins in “two minutes flat”.

This morning under cross examination Sabrina Cummins agreed with prosecution counsel that she kicked and punched Mr Horan and “joined in” trying to kill him.

“This morning Sabrina Cummins admitted to murder in the witness box. On Wednesday she told us she kicked and punched Thomas Horan. I wanted to find out when she did that, at what point in the proceedings.

She was very clear, she said it was in between the strangling and suffocation of Thomas Horan.

“Sabrina lays into Thomas Horan with Kenneth Cummins. She justifies it by saying she saw the face of the man who murdered her sister, it is very hard to understand that. She is explicitly clear when she said she kicked and punched Thomas Horan that she had an intention to kill, that is all you need ladies and gentlemen,” said Mr Farrell.

Counsel said “even on her best version of events”, Ms Cummins participated with her brother Kenneth Cummins in the killing of Thomas Horan. 

“Intent can be formed just like that and you have it from Sabrina Cummins,” added the barrister.

Double trial

The jury heard there were two separate trials going on in front of them with evidence common to both and the concept that would assist them in this case was corroboration.

“CCTV, text messages, whatever you can imagine, it’s there. DNA evidence and finger print analysis supports everything that was said and that is something you need to keep in mind when examining this.

“Ask yourself this, does that independent evidence support the admission or does it contradict what they say? Everything Sabrina Cummins said in the witness box is contradicted,” said Mr Farrell.

The jury heard there was “an attempt” to stage a scene and one of the ways that Sabrina and Kenneth Cummins tried “to snuff out” the life of Thomas Horan was by not leaving marks and obvious wounds on the body.

“This is not a murder that occurs in a moment, or in a flash of anger, it’s a protracted torturing and killing of another human being,” said the prosecution counsel. 

White spirits

Mr Farrell told the jury the deceased seemed to have fought for his life and resisted to having swallowed the white spirits.

“How does a 63-year-old who is beaten to within an inch of his life, get covered with white spirits, what is that about?” asks the barrister.

He asked the jury to be careful that the absence of trace spirits in Mr Horan’s bloodstream meant it did not happen.

“That isnt nonsense, that is nonsense on stilts, how did all that happen, were they trying to clean up Thomas Horan? Do you have any doubt that Thomas Horan was doused with white spirits and bleach, any doubt that an attempt made to poison him with it,” he said.

He pointed out that another thing the defence will try to “make much of” is the stab wounds.

“The absence of stab wounds is very striking and the purpose of working over him with the knife was not to stab him but to terrify him so he would tell them where his money was,” said Mr Farrell.

The barrister said Ms Cummins gave evidence saying she stayed with the corpse of Mr Horan because she is a “caring person”.

“She didn’t of course stay there because she considered Thomas Horan, she stayed there to set up a forensic alibi. Sabrina Cummins is a deeply cynical and devious person. They were there to screw money out of an elderly man who is described as a “soft touch” said the prosecution counsel.

Mr Farrell said he did not know what the defence for Kenneth Cummins would say but he anticipated they would use the defence of provocation.

Explanation of provocation 

Explaining provocation to the jury the barrister told them it occurred where someone totally loses control, after someone causes them to lose control and so not they are not the master of their own mind.

Mr Farrell made reference to the phone call Mr Cummins made from prison which he knew to be recorded.

“How many prisoners do you know who pick up the phone and admit to murder. I expect not very often. During the course of the phone call, its suggested that Thomas Horan raped and abused Breda (sister of Sabrina and Kenneth) as a kid. We know all of this is utter nonsense and he never fostered any of them and never had any involvement with them until they all were adults. It sounds like a man who just read a legal book on provocation. This is clearly a set up and an attempt by Kenneth Cummins to set up a defence of provocation,” said Mr Farrell.

Mr Justice Tony Hunt then said to the jury Mr Farrell would recommence his closing speech on Monday at 2pm and he hoped the trial would be finished by next Friday.

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Murder trial of brother and sister hears horrific details of attack with white spirits, belt and plastic bag