A 44-year-old man was formally arrested yesterday and charged with the manslaughter of a close friend, in a case where the deceased suffered a fatal gunshot wound at a house in Cork City earlier this year.
Diarmuid Byrne, 41, had died instantly at his home at Plunkett Road in Ballyphehane in Cork on April 26 after he suffered a gunshot wound to the head from his legally held shotgun while in an upstairs room of his family home.
Detective Sergeant Martin Canny gave evidence of arrest, charge and caution yesterday at Cork District Court of Trevor O’Gorman, with an address at 27 Sarahville Place, Pouladuff Road, Cork.
Arrested at 9.45am, he was charged with the manslaughter of Mr Byrne.
Det Sgt Canny said he cautioned the accused and Mr O’Gorman made no reply.
Solicitor Majella Graham said Mr O’Gorman was unemployed and she applied for free legal aid. She submitted the defendant’s written statement of means and Judge Leo Malone acceded to the application.
Ms Graham asked for legal aid to be extended to cover the appointment of a barrister and senior counsel. Judge Malone said that stage had not yet been reached in the processing of the case.
Inspector Bill Duane said the DPP had directed trial on indictment and also consented to the accused signing a plea of guilty, and being sent forward to Cork Circuit Criminal Court for sentencing should that arise.
The inspector said the book of evidence was not yet ready and he applied for an adjournment of the case for a period of six weeks. Judge Malone adjourned the case until December 21.
Ms Graham applied to have the accused remanded on bail and Insp Duane said there was no objection.
Det Sgt Canny requested Mr O’Gorman would sign on daily at Togher Garda Station and surrender his passport. The solicitor said her client was willing to give such undertakings and handed in his passport.
Earlier this year, assistant State pathologist Dr Margaret Bolster told an inquest Mr Byrne died from severe cerebral trauma from multiple lacerations to the brain.
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