THE SIX-WEEK TRIAL of George Gonzaga Bento for the killing of schoolboy Josh Dunne came to an end today, with the jury returning a verdict of not guilty of murder, acquitting the food delivery cyclist. 

The jury took a little over eight hours to come to their unanimous verdict and also acquitted him of two charges of assault causing harm and of producing a knife in a manner likely to intimidate others.

After George Bento was arraigned, his defence counsel Padraig Dwyer SC made an application in the absence of the jury.

Dwyer said that his client should never have been charged with murder as the “evidential basis” was not there. Instead, he argued that George should have been charged with manslaughter, as it was the central issue in the case, and he noted other individuals had been charged with diverse offences such as assault and criminal damage arising from the incident.

He told Justice Paul Burns that his team had written to the Director of Public Prosecutions asking them to review the charge.

CCTV evidence, Dwyer also said, showed other individuals attacking George and his companion and showed that at all times George was engaged in self defence, the defence of another person and the defence of property. He said the use of force by his client had been reasonable.

It was unfair and oppressive to put his client on trial for murder, Dwyer argued, and he asked the court to substitute the charge of murder for one of manslaughter.

Dwyer also asked the judge to “keep an eye on” the evidence as the case proceeded. “Judge, if you perceive the accused is receiving an unfair trial, then you have a duty to stop it,” he said.

He said George’s position was that he did not believe he was guilty of either murder or manslaughter and that this was a full acquittal defence against a background where Deliveroo cyclists were under a lot of harassment in Dublin.

In reply, prosecution counsel Sean Guerin SC said the fact that other people were charged did not change the accused’s circumstances, as the basis on which the charges were proffered was the CCTV footage and eye witness accounts.

In addition, Guerin said, this was a case where an unarmed 16-year-old received two stab wounds to the chest, one of which was fatal.

There was no question but that murder was the appropriate charge, he stated.

In his ruling, Justice Burns said it was the defence case that it was unfair to leave the count of murder to the jury.

He said it was their contention that there would be a manifest and real risk of a wrongful conviction if a murder charge was left open to the jurors.

The defence had impressed on the court that it was under an obligation to stop the trial where there was a real and manifest risk of injustice, he said.

The judge said the prosecution took issue with the defence submissions and had argued that the count of murder should be left to the jury in its entirety.

He noted it was the State’s case that the accused was quick to make use of the knife when he might have known it was not necessary and proportionate and that they argued the accused had knowledge of guilt after the incident.

Brazil flights

During the trial, the State would argue that flights to Brazil were booked for Bento on January 28, 2021, two days after the death of Josh Dunne.

The prosecution argued Bento intended to leave the jurisdiction in the belief that gardai might have identified him as a suspect and in the knowledge that someone had died and that he had a small window to get out of Ireland.

Prosecutors also put it to Bento that he had deleted his WhatsApp on his phone as he was aware of the death of Josh before he booked his flights to Brazil, that he knew messages showed that he had persuaded follow delivery driver Tiago da Silva not to go to gardai and that he knew messages showed he had avoided going to detectives.

Bento denied he was aware of the schoolboy’s death before booking flights home to Brazil and disagreed with all of the State’s propositions.

In legal argument, Guerin said the garda investigation would have been deprived of three pieces of evidence but for the technology that allowed them to retrieve messages when Mr Bento deleted his WhatsApp.  

Ruling on the defence’s application to remove the count of murder, Justice Burns ruled that the court would not usurp the function of the jury and that it seemed to him there was sufficient evidence to allow that count to go to the jury.

Deliveroo workers in court

A sense of camaraderie amongst food delivery workers was evident throughout the trial but especially on the final day that Bento gave evidence, when around 30 people in Deliveroo uniforms came to court to support their fellow worker.

Justice Burns was prompted to ask the jury to rise when one worker sat in the prosecution’s bench for junior counsel.

When the jury left the courtroom, Justice Burns asked a garda if the victim’s family was alright. The guard told the judge that some of them had felt uncomfortable so they left the courtroom.

Padraig Dwyer SC, defending, told the judge that the delivery cyclists turnout was a surprise to the defence and suggested that they reduce their number. “I’m sure Bento wouldn’t want to make the victim’s family uncomfortable,” he added.

Justice Burns said a group of identically dressed persons had entered the courtroom, occupying the available seating and that some had their mobile phones out.

He added: “I’m prepared to accept that these are co-workers attending to show their solidarity and support as a source of comfort to the accused. The court will not tolerate whatsoever any attempt to interfere with the integrity of the trial process. They’re welcome to attend court, whether they feel the manner in which they are appearing is doing any good for the trial process or the accused man, I think they should reflect on that. Proper provision has now been made for the families of the victims”.

Dwyer told the judge that to the best of his knowledge, his client had not organised the delivery riders’ attendance and he would ask Bento if he wanted his supporters present. After consulting with the accused, Dwyer said his client had “no hand, act or part” in arranging the turnout but that the accused did not mind the delivery riders staying in court.

However, he said the defendant did not want any “presence that would unduly affect the victim’s family”.

Justice Burns said he had heard Bento’s views and that those attending needed to ask themselves if they were helping the process. “The gentlemen are well behaved, it was more their presence in those numbers,” he concluded.

Speaking outside the court after the verdict, Bento said that he was “very grateful” for the decision of the jury.

“Now my focus is my family, spend some time with the people I love, the people who support me and after that I’ll think about other things but now I need to spend the time with my family,” said Bento.

He said he was happy that the trial process was now over, adding that initially he “was afraid” over his nationality, but said that “everything is fair”.

When asked about Dunne’s family, he said that he hoped one day his mother could forgive him.

“I say sorry at the beginning and the end, hopefully one day she [Josh Dunne's mother] could forgive me for what happened but it was not my intention.”