Penkert gets 12 years for break in

A 20-year-old man has been sentenced to 12-years for robbery for breaking into a 46-year old woman's flat in Cork city centre before she was murdererd.

Mr Thomas Penkert had previously been accquited of the murder of Ms Nora Kiely at Leitrim Street on July 25, 2002.

His co-accused Mr Brian Walsh, who had been sentenced to life for Ms Kiely's murder, was also given a 12-year sentence for his part in the robbery. One year of the 12-year sentence was suspended respectively.

Ms Kiely's relatives cheered and shouted with relief as the guilty verdict was read out. Ms Kiely's sister said she was "delighted with the result".

Both the accused sat motionless as the sentence was delivered by Mr Justice Diarmuid O'Donovan.

Mr Justice O'Donovan said that Mr Penkert's involvment in the robbery of Ms Nora Kiely was "most serious".

"The amount taken was not terribly significant but the circumstances were extremely significant and reflected on you badly," said Mr Justice O'Donovan.

"You maintain that you didn't contribute to the injuries of Ms Kiely and the jury accepted that and I have to take that into consideration. However, in so far as the robbery of Ms Kiely I have to take into account all circumstances.You totally and utterly terrorised the lady," Mr Justice O'Donovan said to Mr Penkert.

"You knocked down her door and you both had your faces covered. You ripped her watch and her chain from her. You stood by and watched her being brutally murdered. Your prescence added to her terror," he said.

Mr Justice O'Donovan said that Mr Penkert never showed any remorse for his crimes.

Mr Penkert along with Mr Walsh was found guilty of the robbery of Ms Teresa Tatton and were sentenced for three years each. The defendents were also found guilty of larceny of Mr Donal Scannell and were each sentenced for three years. All sentences are to run concurrently Mr Justice O'Donovan said.

During the murder trial of Ms Kiely the jury at the Central Criminal Court found Mr Walsh guilty of murder and Mr Penkert not guilty.

On a separate count of robbery the jury found both accused not guilty but convicted them of larceny of €70 from Donal Scanell the week before the murder.

During the murder trial in February 2004 the court heard both Penkert and Walsh had earlier pleaded guilty to the theft of less than €20 in cash and jewellery from Ms Kiely.

During the trial, the court heard that Brian Walsh used a large knife on Ms Kiely's body after she died to make it appear like suicide.

The jury heard that Ms Kiely died from forced compression to the neck. State Pathologist Dr Marie Cassidy said the forensic evidence was "highly suggestive" of an attempted sexual assault.

The two accused shared a flat in the same building as Ms Kiely.

The trial in February 2004 heard that when gardaí arrived at the flat they found Ms Kiely's body on the bed naked from the waist down. A piece of electrical cable was around her neck and a knife placed in her hand.

Dr Cassidy gave evidence that the victim died from forceful compression of the neck. Knife wounds on her neck and wrist were likely to have been inflicted by her killer in an attempt to make her death look like suicide.

The jury heard that a call was made to a Cork garda station shortly after the murder. The caller threatened Sgt Michelle O'Sullivan that they would "do it again" if the gardaí didn't go to where they said the murdered woman could be found.

The trial viewed several hours of video recordings of garda interrogations of both men in which each blamed the other.

Penkert and Walsh had admitted stealing a knife, pringles, rubber gloves, a tub of butter, groceries and drinks from another neighbour, Ms Teresa Tatton.