Defence opens in schoolboy murder case

The prosecution in the Robert Holohan murder trial claimed today that Wayne O’Donoghue killed the schoolboy, put plastic bags over the body, threw it into a remote ditch, and later took part in the community search for the boy's remains.

Opening the trial, Shane Murphy, senior counsel for the prosecution, said the jury would have to decide on whether O’Donoghue’s actions were cool, calm and collected or characterised by panic.

Engineering student Wayne O'Donoghue (aged 21) of Ballyedmond, Midleton, Co Cork was arraigned on the single count on the indictment at the Central Criminal Court in Cork, namely that of murdering Robert Holohan (aged 11) in Ballyedmond, Midleton, on January 4, 2005.

Robert’s mother, Majella, last saw her son at 2.30pm that day leaving home on his new BMX bicycle.

O’Donoghue stood in the dock in a grey suit with pale shirt and dark tie and replied: “Not guilty to murder and guilty to manslaughter.”

In the outline of the evidence expected to be given by witnesses in the case, Mr Murphy told the jury of seven women and five men that Robert Holohan died on January 4 and his body was found in heavy undergrowth by Inch strand, Midleton, on January 12.

New technology enabled gardaí to track the phone given to Robert as a Christmas present, and this helped them to find the body.

The accused man had been participating up to then in the massive community search for Robert’s remains.

On January 16, the day after Robert’s funeral, the accused’s father, Ray O’Donoghue, phoned the gardaí and told them his son had just confessed to him that he killed Robert.

He said his son would co-operate fully with the gardaí.

Mr Murphy SC said gardaí arrived at the O’Donoghue family home to see Wayne O’Donoghue sitting in an armchair, shaking and in a highly distressed state.

The accused told them that day that Robert had been throwing stones at his car on the afternoon of January 4.

“I grabbed him by the neck. I did not mean it. It was an accident. I am a murderer. I am sorry. He was like a brother to me,” O’Donoghue said that day.

A full statement was made the following day. In it he said Robert had asked him to bring him to McDonald’s in Midleton for a milkshake.

O’Donoghue refused because he had study to do. He said Robert threw pebbles at his Fiat Punto.

O’Donoghue stated: “I was holding him by the scruff of the neck. I then moved my left hand to his Adam’s Apple.

"I said: ‘Stop, with the fucking stones’. I don’t know how long I held him. I didn’t mean to cause him any injury.

"He fell on the ground when I let him go.”

He stated that he took Robert’s body from the garden into his house and into the bathroom. One of Robert’s runners fell off.

He laid him on the floor and threw water over his face. He dried the face with toilet paper and flushed

the paper down the toilet.

He said he was panicking.

He then put two black refuse sacks over the legs and over the head of the deceased, carried the remains out to the boot of his car and drove off.

He stopped at Foley’s garage and bought a bottle of Lucozade. He then drove to Inch strand.

O’Donoghue stated: “I just removed the body. I threw the body into the ditch.”

Technical evidence on maps and scene photographs was presented today after the opening of the case.

The parents of Robert Holohan are expected to testify tomorrow before Mr Justice Paul Carney and the jury.