DPP to appeal leniency of manslaughter sentences

THE Director of Public Prosecutions (DPP) is to appeal against the leniency of sentences handed down to two men jailed earlier this month for “a cowardly and unprovoked attack” that killed Clare schoolteacher Brian Casey.

At Ennis Circuit Court on November 8, Judge Carroll Moran imposed a five-year jail term on Harry Dinan, 31, of 10, Waterpark Heights, Ennis, for the December 26, 2009, manslaughter, and a four-year term, for the same offence, on his nephew, Kevin Dinan, 24, of 3 Clarehill, Clarecastle.

Yesterday, a spokesman at Ennis Garda Station stated the DPP had confirmed it is lodging appeals against the leniency of the sentences handed down.

A spokesman for the DPP declined to comment, stating the office did not comment on individual cases.

The appeals are expected to be heard in the Court of Criminal Appeal next year.

Both men had pleaded guilty to Mr Casey’s manslaughter.

Harry Dinan — who has 64 previous convictions — was on temporary release from prison at the time of the unlawful killing, while Kevin Dinan — who has 17 previous convictions — was on bail and awaiting sentence having pleaded guilty to a burglary charge.

At the sentencing hearing, counsel for the state Deirdre Murphy SC said Mr Casey, 26, had been looking on at a scuffle with his hands in his pockets and was caught off guard when hit by Harry Dinan with “a haymaker” at around midnight on St Stephen’s night in O’Connell Square, Ennis.

The blow from Dinan broke Mr Casey’s jaw in two places and the Lissycasey man hit the ground with the back of his head and never regained consciousness.

A native of Lissycasey, Mr Casey fractured his skull on impact with the ground and Ms Murphy said that Kevin Dinan then proceeded to hit Mr Casey with four of five punches while he lay prostrate on the ground.

Ms Murphy described the assault by the Dinans on Mr Casey as “a cowardly and unprovoked attack”.

Mr Casey died two days later.

In sentencing, Judge Moran said that the case “is a one-punch case” and there was a lack of premeditation by the Dinans to kill Mr Casey, though they did intend to do him harm.