O'Donoghue found not guilty of murder

Wayne O’Donoghue was found not guilty of murder but guilty of manslaughter of eleven-year-old Robert Holohan today on the tenth day of the trial at the Central Criminal Court.

The jury returned a unanimous verdict after four hours and 24 minutes. He will be sentenced on January 24.

Wayne O’Donoghue blessed himself as the jury came out to return their verdict. He looked visibly relieved as the verdict was delivered. The parents of the late Robert Holohan showed no visible reaction to the verdict.

Wayne O’Donoghue’s parents wept. So did the defendant’s girlfriend, Rebecca Dennehy, who sat beside them in the public gallery.

Afterwards, Frank Buttimer, solicitor for Wayne O’Donoghue, said: “This has been a very difficult year for Wayne O’Donoghue and his family. Their difficulties pale into insignificance compared to the difficulties and sadness which has been suffered by the Holohan family over the same period.

“Wayne O’Donoghue’s thoughts and the thoughts of his family are with the Holohans, Mark and Majella, and their family at this point in time.

“He is deeply grateful to his own family who supported him throughout the whole period of 12 months approximately. To all those people who have wished him well over the past period of time.

“People who have sent cards, prayers, have contacted us by telephone, contacted Wayne through the prison service, to all those people he is very grateful.

“He is aware of the difficult position in which he has placed people. From the outset the people of Ireland have responded in a very generous and kind fashion. From the time when it was necessary to commence the search, through until today.

“Wayne O’Donoghue is deeply grateful. He understands people have been very very kind and decent throughout. He is relieved at the verdict and appreciated that the matter is not concluded.

"We will proceed to Ennis Court in January to conclude the matter. He is very emotional and he understands that matters have been very very difficult for everyone concerned, not least the Holohan family.”

O’Donoghue, who has been in custody since January 16 was remanded in custody for sentencing next January.

Earlier today, Mr Justice Paul Carney did not comment on the evidence as he put the seven women and five men of the jury in charge of the case but he did caution them in relation to the moment when Wayne O’Donoghue broke down and first confessed to killing his 11 year old neighbour Robert Holohan, with the words ‘I am a murderer, I am sorry.’

He said the prosecution asked them to attach significance to those words. “People use words in a popular sense and they use words in a legal sense. What he meant was that he killed someone. I do not think he meant, ‘I killed someone and present in my mind at that time were all the ingredients of section 4 of the Criminal Justice Act of 1964.’”

The judge said that the prosecution submission was that the jury had enough from the admissions and other evidence to make a finding of murder. He summarised the defence as claiming that on the medical evidence the jury should be satisfied that the intention requisite for murder was not present.

He said the defence also claimed that the defendant was provoked into momentarily losing his self control and that that reduced the offence from murder to one of manslaughter.

Having dismissed the jury, Mr Justice Paul Carney recalled them some 10 minutes later and added: “I want to make it clear to you in a situation where there are two versions of events open to you, you are bound to accept the version more favourable to the accused unless the prosecution have satisfied you beyond all reasonable doubt, all 12 of you.”