‘He was in wrong place at wrong time’

“THAT tragic night we lost a father, son, brother and uncle. The grief and pain will always be with us. He was in the wrong place at the wrong time.”

That was the reaction of Karen Doherty, aged 31, outside court after the man who shot her husband was jailed for 12 years. Mr Doherty, a bread delivery man, was shot outside his parents’ home after he attempted to stop a dispute involving his friends and a group of men late on the night of July 4, 2009.

Egan shot dead Wayne Doherty in a “criminal and dangerous manslaughter,” according to Mr Justice Patrick McCarthy.

Egan, aged 27, of Dromheath Avenue, Mulhuddart, pleaded not guilty to the murder of Mr Doherty at Oakview Way, Hartstown, on July 5, 2009, but pleaded guilty on day 3 of the trial to the manslaughter of the 32 year old.

He had also pleaded guilty to the unlawful possession of a shotgun at the same address on July 4, 2009. He was given a five-year sentence for possession of a shotgun to run concurrently.

Suspending the final three years of the sentence, Mr Justice McCarthy said: “It is clear that the original source of the confrontation was not one which the defendant was directly involved in.

“He was not a victim of assault or abuse to give rise to anger or respond in a violent way. He was a supporter and engaged himself in a matter which was not primarily concerning him and this is a more serious situation.

“The ante was upped as the defendant brought a loaded firearm to the scene and he said he brought it for the purpose of shooting an opposing gang member in the legs. It was accepted by the prosecution that the defendant did not have the intention to kill or cause serious harm to the deceased.

“Accidents don’t happen, they are caused.

“The deceased acted lawfully and this is not in dispute. Mr Doherty told the defendant to go home but in the course of the struggle to get the firearm off the defendant two shots were discharged and the second shot hit Mr Doherty. I do not think it can be exaggerated that Mr Doherty’s family has suffered and continues to suffer.”

Egan’s defence counsel requested that he not serve his sentence in Mountjoy prison for fears for his safety.

Mr Doherty’s widow Karen said after the sentence was handed down that “no one should be made suffer” what her family is suffering with the loss of Wayne.