Clare man convicted of manslaughter

A Co Clare man accused of murdering a young deaf man whose badly beaten body was found in a lonely boreen was today convicted of manslaughter.

After deliberating for almost 11 hours, the jury returned a majority verdict of 10-2 against Michael Sage, aged 26, of Glenacre, Killaloe Co Clare for the killing of John Carroll, aged 22, of Cappamore, Co Limerick on December 4 1998 at Garraun, Newport, Ballinahinch, Tipperary.

As they left the Central Criminal Court members of Mr Carroll's family, who were visibly upset, said they were "bitterly disappointed" with the verdict.

The accused had pleaded guilty to manslaughter and to a second charge of false imprisonment but denied murder.

In evidence the accused admitted assaulting Mr Carroll but denied he struck the fatal blows.

The three-week trial heard evidence that John Carroll was beaten to death with a heavy-duty iron ratchet in a lonely, muddy boreen near a Tipperary village.

Post mortem reports showed that fragments of his skull were found embedded in brain tissue. He had sustained severe blunt force trauma to the head coupled with several fractures and lacerations.

Death was not instantaneous. The Court heard that Mr Carroll, who was dressed only in T-shirt and jeans, lay in the boreen for several hours before being found by a local farmer out feeding his cattle.

The court also heard that Michael Sage and another man, William Roche, rummaged through the victim's pockets as he lay dead or dying to "scavenge" what they could find.

In March, William Roche of Millstream, Killaloe Co Clare, was convicted of Mr Carroll's murder. The court also heard that Deirdre Rose, who is now married to Mr Sage, was also convicted but in

March, the Court of Criminal Appeal quashed her conviction.

The prosecution case was that Michael Sage was involved in a joint enterprise with William Roche to rob and seriously assault Mr Carroll.

On the night of the murder John Carroll travelled from Limerick to Clare with Bernadette Fitzgerald, William Roche's girlfriend. Mr Carroll worked with Ms Fitzgerald in the National Development Training Institute in Limerick.

The jury had heard that John Carroll, William Roche and Michael Sage met up in a local pub where Mr Carroll bought drinks throughout the evening and they believed he was "flush".

At midnight, the party left the pub and went to a house in Clarisford Estate owned by Anne Marie Fitzgerald - Bernadette's sister - where it was discussed whether Mr Carroll should pay 50 or 30 pounds to stay the night on the sofa.

The accused had alleged that Anne Marie Fitzgerald had told him to "fuck him out" if Mr Carroll refused to pay, but in evidence, Ms Fitzgerald rejected this.

Mr Carroll left the house and in evidence, the accused admitted that he "kneed" him in the chest. The court heard that William Roche began kicking Mr Carroll as he lay doubled up on the grass.

They brought him back into Ms Fitzgerald's house and put him on the sofa where he wrote 999 with his finger.

The accused then put him in the back of his car alongside William Roche. The jury had heard that the accused said he was taking the injured man to Limerick hospital but instead turned off at the back roads towards Ballinahinch.

Along the journey, William Roche assaulted Mr Carroll repeatedly while demanding his wallet and PIN number.

In evidence, the accused said that when he stopped the car at the boreen, Roche demanded "something to fucking hit him with". Mr Sage had denied handing him the ratchet from the boot of his car. He said he was afraid of Roche and only rummaged through Mr Carroll's pockets because Roche "told me to".

The court had also heard that Michael Sage directed gardai to a location on the Dublin/Limerick Road where they found the ratchet to another location where Mr Sage had discarded items of Mr Carroll's, including his travel pass and payslip.

Discharging the jury, Mr Justice Carney thanked jurors for their "extremely careful attention" and exempted them from further service for ten years.

The accused was remanded on continuing bail for sentencing on July 26.