A captive who killed a chap inmate by knocking him down and stamping connected his caput successful a "vicious and unprovoked" battle has been convicted of murder.
David Dunne, 40, volition look the mandatory word of beingness imprisonment astatine his sentencing connected December 16 aft a assemblage agreed helium had "lured" Robert O'Connor into his compartment astatine Ireland's Mountjoy prison, earlier launching a deadly attack. Dunne had pleaded not blameworthy to the execution connected July 29 2022, claiming helium did not mean to termination Mr O'Connor and acted successful self-defence aft the deceased "attacked" him.
O'Connor was near with aggregate blunt unit trauma injuries to his head, torso, arms and legs. A pathologist's study and neuropathology exam revealed that the blows to his caput caused his encephalon to rotate, which led to the tearing of nervus cells. The injuries were besides recovered to beryllium accordant with stamping, punching oregon kicking.
His devastated household broke down successful court and embraced 1 different arsenic verdict was work out.
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Supplied)Mr O'Connor had been successful a narration for 1 twelvemonth earlier his death. A garda progressive successful the probe said it had a "dramatic and serious" effect connected his girlfriend's health. The 32-year-old was handed a situation condemnation connected July 27, 2022, and returned from tribunal to Mountjoy that evening.
But astatine astir 7pm, helium was assaulted successful his compartment by a fig of different prisoners, leaving him with a bloody chemoreceptor and harm to 1 eye. Following the assault, Mr O'Connor was placed successful extortion for a portion earlier being moved to C landing. Two days later, CCTV footage showed him entering Dunne's compartment followed by Dunne and 3 different men.
Hearing commotion, situation officers rushed over, with 1 telling the proceedings that Dunne was stamping much than erstwhile connected Mr O'Connor's head. The unfortunate was taken to infirmary and pronounced dormant connected August 1 erstwhile encephalon stem investigating revealed nary activity.
Chief State Pathologist Dr Linda Mulligan told the trial: "The skull is simply a rigid structure, truthful if determination is interaction the encephalon volition determination wrong this rigid operation but doesn't person a batch of country to move, truthful that rotation of the encephalon volition origin the nervus cells to get torn oregon shorn from the rotational force."
In his archetypal garda interview, the accused work from a prepared statement, saying: "I'm atrocious for his family, I truly am. I deliberation astir it each time and nighttime since this happened. It's sidesplitting maine wrong due to the fact that helium was a bully person of each who knew him. I'm truly atrocious Robbie yea to you and your family."
He claimed that helium lone wanted to chat with Mr O'Connor but that erstwhile they were wrong the cell, Mr O'Connor punched him twice. He initially admitted lone to punching backmost and denied stamping connected Mr O'Connor's head. He said helium didn't privation to termination Mr O'Connor and claimed to person struck him with a "rabbit punch".
In his closing speech, prosecution counsel Michael Delaney SC described Dunne's relationship arsenic "self-serving" and lacking successful credibility. He accused Dunne of a "vicious and unprovoked assault" and said CCTV grounds suggested "an constituent of coordination" successful the interactions seen betwixt Mr Dunne and 3 different prisoners successful the minutes earlier the fatal encounter.
Mr Delaney said the CCTV undermined Dunne's assertion that helium invited the deceased to his compartment for a "friendly chat" oregon that helium acted successful self-defence aft being attacked by the deceased. "The objective, reliable grounds shows helium [the accused] lured Robert O'Connor into that compartment for the intent of attacking him," Mr Delaney said.
Brendan Grehan SC, for Dunne, said the sidesplitting was not intentional oregon planned but was "in information a reaction" without immoderate premeditation. He asked the assemblage to instrumentality a verdict of manslaughter.