O’Donoghue not guilty of murder

WAYNE O’DONOGHUE was found not guilty of murder but guilty of manslaughter of 11-year-old Robert Holohan yesterday, on the 10th day of the trial at the Central Criminal Court.

The jury returned a unanimous verdict after four hours and 24 minutes. He will be sentenced on January 24.

Wayne O’Donoghue blessed himself as the jury came out to return their verdict. He looked visibly relieved as it was delivered.

The parents of the late Robert Holohan showed no visible reaction to the verdict, while Wayne O’Donoghue’s parents wept. So did the defendant’s girlfriend, Rebecca Dennehy, who sat beside them in the public gallery.

Afterwards, Frank Buttimer, solicitor for Wayne O’Donoghue, said: “This has been a very difficult year for Wayne O’Donoghue and his family. Their difficulties pale into insignificance compared to the difficulties and sadness which has been suffered by the Holohan family over the same period.

“Wayne O’Donoghue’s thoughts and the thoughts of his family are with the Holohans, Mark and Majella, and their family at this point in time.

“He is deeply grateful to his own family.

“People who have sent cards, prayers, have contacted us by telephone, contacted Wayne through the prison service - to all those people he is very grateful,” added Mr Buttimer.

“He understands people have been very, very kind and decent throughout. He is relieved at the verdict and appreciates that the matter is not concluded.

“He is very emotional and he understands that matters have been very, very difficult for everyone concerned, not least the Holohan family,” the solicitor said.

O’Donoghue, who has been in custody since January 16, 2005, was remanded in custody for sentencing in January 2006.

Mr Justice Paul Carney did not comment on the evidence as he put the jury in charge of the case, but did caution them in relation to the moment when Wayne O’Donoghue broke down and first confessed to killing Robert Holohan, with the words “I am a murderer, I am sorry.”

“People use words in a popular sense and they use words in a legal sense. What he meant was that he killed someone.”

Having dismissed the jury, Mr Justice Paul Carney recalled them 10 minutes later and added: “I want to make it clear to you in a situation where there are two versions of events open to you, you are bound to accept the version more favourable to the accused unless the prosecution have satisfied you beyond all reasonable doubt, all 12 of you.”