Northern Ireland

Anita Downey murder: Accused takes to the stand then refuses to answer questions

David Lyness is on trial for the murder of his girlfriend Anita Downey. Picture by Pacemaker Press
David Lyness is on trial for the murder of his girlfriend Anita Downey. Picture by Pacemaker Press David Lyness is on trial for the murder of his girlfriend Anita Downey. Picture by Pacemaker Press

A father-of-three on trial for allegedly murdering his fiancee took to the witness stand today - then refused to answer any questions.

In unprecented scenes at Belfast Crown Court, David Lyness answered a few questions before accusing his barrister of trying to get him to commit perjury.

Despite being advised by Judge Geoffrey Miller QC to answer questions, the 52-year-old from Toberhewny Hall in Lurgan sat in silence whilst he was questioned by his own barrister then cross-examined by a prosecution barrister.

He is accused of murdering his fiancee Anita Downey in the early hours of January 20 last year.

She died from a fatal neck wound which partially severed her jugular vein and caused a cut to her cervial spine bone. 

The jury has already heard evidence from Lyness's son, who told the court he saw his father "sawing" Ms Downey's neck and trying to cut her head off.

This has been rejected by Lyness, who denies murder, and instead claimed Ms Downey (51) came at him with a knife which resulted in a struggle as he tried to disarm her. He said during this struggle they both ended up on the floor where he noticed blood coming from his fiancee.

As the trial entered its third week, Lyness was called to the witness box where he initially answered some questions from his barrister.

Lyness confirmed he and Ms Downey began their relationship in January 2014 and also revealed "me and Anita courted as young teenagers".

 Murder victim Anita Downey
 Murder victim Anita Downey  Murder victim Anita Downey

He was then asked what happened after they became engaged in July 2016.

Asked whether "the problems actually started before the ring was purchased?", Lyness told his barrister he was not answering any more questions because he was asking him to perjure himself.

As his barrister tried again to question Lyness about his relationship, the accused said: "I have nothing to say to you any more. I have made my point."

After refusing to answer any more questions from his own legal team, Lyness adopted the same approach with the prosecution barrister telling him "I have nothing to say to you".

At this point, Judge Miller intervened to remind the accused he had taken an oath.

"I advise you strongly you should answer questions asked of you," the judge said.

The prosecution barrister resumed the cross-examination, with Lyness refusing to answer any questions.

He also refused to look at pictures of Ms Downey's body lying on his living room floor.

After telling Lyness his version of events was "ridiculous", the prosecutor said: "I am putting it to you that you beat Anita Downey with your fists then went for a knife and you came back and used your left hand to steady her head and sawed at her throat with your right hand, causing the injuries that the jury has heard about. You deliberately caused those injuries, didn't you?"

When Lyness again refused to respond, the prosecutor continued: "You beat Anita Downey then you went and got a knife and that was to cause this injury to an incapacitated woman lying prone on the ground. 

"You inflicted these injuries and you now realise, 17 or 18 months down the line, that what you told the police was so incredible it's not worthy of belief."

When this also went unanswered, the prosecutor told Judge Miller "under the circumstances, I have no further questions".

The jury has been sent home until Wednesday when both the prosecution and defence will be giving their closing speeches to the jury.

The case continues.