Man (28) jailed for eight years for killing friend in drunken assault

A Cork man who drank 20 pints before killing his friend during a row in a Co Cork pub has been jailed for eight years for manslaughter.

Sentencing Michael Dineen at the Central Criminal Court, Mr Justice Alexander Owens said the attack was a “one-sided and unequal affair” in which Patrick ‘Ginty’ O’Donnell took “a battering” from “prolonged punching”.

The court was told that Dineen (28), who shouted that he was “the king of Mitchelstown” after the attack, now prays “on a daily basis” for the victim. The court heard that Dineen failed to listen to his wife when she had earlier visited the pub that day and tried to persuade him to leave.

Dineen was found not guilty of murder but guilty of the manslaughter of Mr O’Donnell (36) by unanimous jury verdict on December 6th last.

Former State pathologist Prof Marie Cassidy gave evidence during the 10-day trial that Mr O’Donnell died from inhaling his own blood and teeth after he suffered serious injuries to his face and head.

Prof Cassidy testified that Mr O’Donnell lost seven teeth in the assault and she found one of these lodged in his trachea and another lodged in the bronchi leading to his left lung. His nose had also been fractured and flattened.

Dineen, of Ard Mhuileann, Ballinwillin, Mitchelstown, had pleaded not guilty to murder but guilty to the manslaughter of Mr O’Donnell at Willie Andies bar on New Square, Mitchelstown on June 1st, 2018. The plea was not accepted by the Director of Public Prosecutions (DPP).

Passing sentence, Mr Justice Owens noted that the reality of the jury’s verdict last December was that Dineen did not intend to cause serious harm to Mr O’Donnell because he was too drunk.

The judge said both men were settled members of the Traveller community and Dineen had been drinking for most of the day prior to the killing. He knocked Mr O’Donnell to the ground by delivering a blow to his head and then proceeded to hit him to the face with both fists for a minute, the judge said.

“He could not be persuaded to stop and also delivered a number of kicks to his body,” he added.

Mr Justice Owens observed that Dineen threw a pint of water over Mr O’Donnell’s face but he never regained consciousness after what had been a “a one-sided and unequal affair”.

Aggression

The judge emphasised that Dineen’s lack of self-control had fuelled his aggression on the night and he should be aware that he has the capacity to become very aggressive when he is drunk.

Referring to the defendant, the judge said his mindset leaving the pub that night was that he was involved in a “bare-knuckle fight” and won. He did have some awareness at the time of what he did and the seriousness of the injuries inflicted, he said.

CCTV footage shown to the trial indicated that Dineen was agitated at various times during the evening, said the judge, adding that he had poked Mr O’Donnell and invaded his personal space.

The judge said the fact Dineen committed the offence whilst on bail for breaking another man’s jaw was an aggravating factor as it showed a history of violent offending.

The judge said he had taken into account the fact that the killing was not premeditated.

“He intended to beat him up but not kill him,” he indicated.

The judge said the appropriate headline sentence was 12 years but as a result of the mitigating circumstances including his remorse, apology and significant psychiatric history, he would reduce the headline sentence to nine years.

Mr Justice Owens said there was also room for partial suspension and he would suspend the final year of the nine year sentence if Dineen abstained from alcohol forever and remained under the supervision of probation services.

Dineen was sentenced to nine years imprisonment with the last year suspended, backdated to March 15th last.

Never forget

In a victim impact statement, Mr O’Donnell’s partner of 17 years Leanne Whitehead said she would never forget the phone call to say he had been hurt.

“Me and my mum rushed to the pub. When we arrived, there was an ambulance present, then I saw a man putting forensic tape around the pole; my heart sunk,” she said. “I knew my Ginty was dead. A doctor came out and told us that he had passed away, I went numb. I was in a bubble, how could anyone do something like that and how am I going to tell our children.”

Ms Whitehead said that her partner was “always there” for them. “Our two oldest boys were like Ginty’s shadows and they are completely lost without him. This night has changed my children’s lives, my own life and his mother and siblings lives,” she said.

She said she has had to console their children at night when they woke up with nightmares or crying because they wanted “their daddy back,”.

“Our children will not visit the cemetery, it’s too upsetting for them. Our children are lost without their dad’s presence, the feel of his hugs and the sound of his voice,” she said.