Holohans ‘delighted’ with DPP appeal decision

THE family of Robert Holohan said they were “delighted” yesterday after the Director of Public Prosecution lodged an appeal against the length of the sentence handed down to Wayne O’Donoghue.

The move by the DPP James Hamilton came one hour before the deadline for any appeal to be lodged.

Just after 3pm yesterday, the Courts Service confirmed that it had received an application to review the four-year sentence handed down to O’Donoghue last month by Mr Justice Paul Carney.

O’Donoghue, 21, had pleaded guilty to the manslaughter of 11-year-old Robert in January of last year, and was sentenced at a special sitting of the Central Criminal Court in Ennis last month.

Yesterday Robert’s grandfather William Murray said he had spoken to Robert’s parents following the DPP’s action.

“They are delighted with it,” he said, adding that he too was happy with the decision.

It is understood that the DPP laid out six separate grounds for an appeal, including:

The perceived leniency of the original sentence.

The steps taken by O’Donoghue to conceal Robert’s body after his death on January 4, 2005, and his part in Robert’s death.

That O’Donoghue tried to divert the focus of the garda investigation into Robert’s death onto others.

The disparity in strength, age and size between O’Donoghue and his young neighbour.

However, assertions made in Majella Holohan’s explosive victim impact statement in court last month will not be considered by the appeal judges.

O’Donoghue’s solicitor, Frank Buttimer, said last night that he had spoken to Wayne O’Donoghue and that his client was aware of the decision. “His natural reaction is one of disappointment but he is aware that the DPP has the entitlement to appeal and he will deal with the issues raised in the appropriate manner.”