Faith
25-01-2006, 06:54
Cork engineering student Wayne O'Donoghue has been sentenced to four years in jail for the manslaughter of schoolboy Robert Holohan.
O'Donoghue (21) from Ballyedmond in Midleton had pleaded guilty to the unlawfully killing his 11-year-old neighbour last December. He had also been charged with murder but was found not guilty .
Robert disappeared near his home in Midleton last January. His body was found dumped 12 miles away in a ditch at Inch Strand 11 days later following an intensive search of the area.
Today at the Central Criminal Court in Ennis, Mr Justice Paul Carney said he was dealing with manslaughter and not the subsequent cover-up.
"The cover-up caused incredible grief and distress to the Holohan family," he said.
Mr Justice Carney said it permitted the body of the schoolboy to be mutilated, tied up the services of the State and led to the involvement of the people of Ireland as a whole with the Holohan family.
"It cannot be dismissed as being due to panic by reason of the calculation and deliberation involved," he said.
Mr Justice Carney said that although he could not punish O'Donoghue directly for this, it did have an effect on the Holohan family and that he would take it into account.
He was took into account the effect of the killing on the Holohan family but also the accused's guilty plea and his previous good character.
He was satisfied that, when O'Donoghue told his father on January 16th last year that he had killed Robert Holohan, that genuine remorse was in play.
"Obviously, young Robert's life was so precious as to be incapable of measurement in such terms. It is absolutely the case that nothing I do in any way is capable of assuaging the Holohans' grief."
"It would be my expectation that he would not reoffend," Mr Justice Carney said as he sentenced O'Donoghue to four years imprisonment from the day of his arrest last January.
"You're a disgrace, boy," shouted Mark Holohan, Robert's father, while his mother, Majella, said the family would be appealing the sentence.
Earlier, in a statement to the court, Robert's mother, Majella Holohan, outlined how Robert's death had impacted on her and her family. She said her family's suffering following Robert's death was "heartbreaking and indescribable".
Mr Justice Carney said it was common for families of victims to complain that the life of their family member was only valued in the final sentence given to the accused person.
The sentencing hearing was adjourned after Ms Holohan's victim impact statement following an application by lawyers for the defence on the ground that "certain boundaries had been transgressed".
However, the hearing resumed soon after.
The trial heard that O'Donoghue told gardaí he accidentally strangled Robert when he grabbed him around the neck during an argument after the youngster began throwing stones at his car outside the O'Donoghue family home at Ballyedmond some time after 3.30pm on January 4th, 2005.
During the trial, the jury heard evidence from Robert's parents about how their son used to idolise O'Donoghue, who built a treehouse for him, played soccer with him and used to take him in his car into Midleton town for ice creams and DVDs.
The jury also heard how O'Donoghue had assured them that Robert would be found safe and well after he disappeared last year and how he had participated in searches for the boy that drew thousands of volunteers to east Cork to assist gardaí.
O'Donoghue did not take the stand during the trial, but the jury heard statements he made to gardaí and videotapes of interviews they conducted with him while in custody in which he admitted killing the young boy.
The jury of five men and seven women took four hours and 24 minutes to reach its conclusions after considering evidence from more than 60 witnesses.
O'Donoghue, who has already served more than a year in custody, displayed no obvious reaction when the sentence was announced.
It's all such a tragedy...
O'Donoghue (21) from Ballyedmond in Midleton had pleaded guilty to the unlawfully killing his 11-year-old neighbour last December. He had also been charged with murder but was found not guilty .
Robert disappeared near his home in Midleton last January. His body was found dumped 12 miles away in a ditch at Inch Strand 11 days later following an intensive search of the area.
Today at the Central Criminal Court in Ennis, Mr Justice Paul Carney said he was dealing with manslaughter and not the subsequent cover-up.
"The cover-up caused incredible grief and distress to the Holohan family," he said.
Mr Justice Carney said it permitted the body of the schoolboy to be mutilated, tied up the services of the State and led to the involvement of the people of Ireland as a whole with the Holohan family.
"It cannot be dismissed as being due to panic by reason of the calculation and deliberation involved," he said.
Mr Justice Carney said that although he could not punish O'Donoghue directly for this, it did have an effect on the Holohan family and that he would take it into account.
He was took into account the effect of the killing on the Holohan family but also the accused's guilty plea and his previous good character.
He was satisfied that, when O'Donoghue told his father on January 16th last year that he had killed Robert Holohan, that genuine remorse was in play.
"Obviously, young Robert's life was so precious as to be incapable of measurement in such terms. It is absolutely the case that nothing I do in any way is capable of assuaging the Holohans' grief."
"It would be my expectation that he would not reoffend," Mr Justice Carney said as he sentenced O'Donoghue to four years imprisonment from the day of his arrest last January.
"You're a disgrace, boy," shouted Mark Holohan, Robert's father, while his mother, Majella, said the family would be appealing the sentence.
Earlier, in a statement to the court, Robert's mother, Majella Holohan, outlined how Robert's death had impacted on her and her family. She said her family's suffering following Robert's death was "heartbreaking and indescribable".
Mr Justice Carney said it was common for families of victims to complain that the life of their family member was only valued in the final sentence given to the accused person.
The sentencing hearing was adjourned after Ms Holohan's victim impact statement following an application by lawyers for the defence on the ground that "certain boundaries had been transgressed".
However, the hearing resumed soon after.
The trial heard that O'Donoghue told gardaí he accidentally strangled Robert when he grabbed him around the neck during an argument after the youngster began throwing stones at his car outside the O'Donoghue family home at Ballyedmond some time after 3.30pm on January 4th, 2005.
During the trial, the jury heard evidence from Robert's parents about how their son used to idolise O'Donoghue, who built a treehouse for him, played soccer with him and used to take him in his car into Midleton town for ice creams and DVDs.
The jury also heard how O'Donoghue had assured them that Robert would be found safe and well after he disappeared last year and how he had participated in searches for the boy that drew thousands of volunteers to east Cork to assist gardaí.
O'Donoghue did not take the stand during the trial, but the jury heard statements he made to gardaí and videotapes of interviews they conducted with him while in custody in which he admitted killing the young boy.
The jury of five men and seven women took four hours and 24 minutes to reach its conclusions after considering evidence from more than 60 witnesses.
O'Donoghue, who has already served more than a year in custody, displayed no obvious reaction when the sentence was announced.
It's all such a tragedy...