Manslaughter accused tried to go back into burning building after alleged victim, court hears

By Eimear Dodd

A jury has heard that a man on trial for the unlawful killing of a kitchen porter during a house fire tried to enter the burning building after the alleged victim.

Dean Boland (34) pleaded not guilty at Dublin Circuit Criminal Court to the unlawful killing of Ohari Viera, damaging property by arson and burglary and theft at Oaklands Terrace, Terenure, Dublin, on August 21, 2018.

Mr Boland of Northwood, Santry, allegedly broke into the house where Mr Viera was living, stole a rucksack and set fire to the property.

Mr Viera died from cardiac arrest after going back into the burning house.

On the second day of the trial, Tatianna Viera, the victim’s daughter, told the jury that her father was originally from Angola and had been working as a kitchen porter in a Dublin hotel.

A voluntary statement made by Mr Boland to gardai the morning after this incident was read to the jury by Seamus Clarke SC, prosecuting.

Mr Boland said in his statement that he had gone to Oaklands Terrace to see his friend, George Cullen.

When he arrived, he said he saw smoke coming from the front door.

Mr Boland said the front window was slightly open, and he lifted the window to look for his friend but saw smoke.

Mr Boland said he then saw three men leave the house, but one man, Mr Viera, went back inside.

Mr Boland said everyone outside the house started shouting at Mr Viera, but he did not return.

Mr Boland told gardai he went into the house after the victim but only managed a few steps inside the door.

Antonio ‘Sergio’ Borges told Mr Clarke he was living in the upstairs apartment at the time with two friends, including Mr Viera.

He said he was asleep in his room at the back of the house when he was awoken at 3 am by banging on the door and someone shouting ‘George’.

He said he woke a short time later due to the smell of smoke. He said he then looked out his window and saw flames and smoke from a downstairs window.

Mr Borges woke his friends before running downstairs, where he noticed the front door was open.

He said he left the house around 3.12 am and saw a man, Dean Boland, carrying a backpack outside.

The witness said Mr Viera screamed at this man, asking him why he was there. The man said he was looking for his friend, who he did not realise was not there, the court heard.

Mr Borges testified that Mr Viera re-entered the house before gardai arrived at the scene.

Mr Borges said he tried to go back into the house after Mr Viera; however, the flames were too much.

He said Mr Boland had also tried to enter the house.

Mr Borges confirmed to Mr Baker that it had been a normal night and that the downstairs apartment could be noisy.

He agreed with Mr Baker that it was a “potentially life and death situation”. He said that “no one was expecting” Mr Viera to run back into the house, and they had shouted at him to come out.

Mr Clarke read a statement from Dr Linda Mulligan, Deputy State Pathologist, in which she stated that Mr Viera’s cause of death was cardiac arrest following the inhalation of smoke and other fire gases. The trial continues before Judge Elma Sheahan and a jury.