Family aggrieved as judge frees son who killed father

“THAT judge is giving dispensation to any child with an alcoholic parent to kill him.”

That was the reaction of Maria Cunningham after her brother’s killer, his son, walked free from the Central Criminal Court yesterday.

Thomas Cunningham, 19, was convicted by a jury earlier this year of the manslaughter of Thomas Brendan Cunningham Snr, 46, at their home in Santa Maria Commons, Ballinlough, Co Roscommon, on August 23, 2007.

He had pleaded not guilty to murdering him in their driveway, after his father came home in the early hours, drunk and without dinner for his elderly parents for whom he cared. He grabbed his father and punched him. He punched him twice more and kicked him after he fell to the ground.

Two of the dead man’s brothers walked out of the court as Mr Justice Paul Butler read out the sentence. His sister, Maria Cunningham, said the family was “outraged and appalled”, describing the sentence as derisory.

“Life is as sacred as it is precious,” she said afterwards. “It is enshrined and protected in law.”

She said she believed her brother had, therefore, been failed by the Irish judicial system. “Brendan was beaten to death whilst defenceless and unable to protect himself. Brendan was left to die alone. The only person who attempted helping Brendan was our late father, a weak and frail 75-year-old with multiple health problems.

“The person responsible for the savage beating refused all requests to help and callously went to bed,” said the family, who believe their brother might still be alive if help had been called.

Mr Justice Butler said, only in extraordinarily exceptional circumstances could there be no custody for an unlawful killing.

“I think this is a totally exceptional case,” pointing out the accused had just turned 18 at the time, had no previous convictions or propensity for violence. There was no evidence that the teenager presented any risk to others. He had honoured his bail and returned to Ireland for his trial and his sentencing.

After sentencing, Mr Cunningham hugged his mother and signed a €100 bond to be of good behaviour towards the people of Ireland for six years.

It is understood he will return to England, where he has been living in a YMCA hostel.