Liffey Valley manslaughter case adjourned

The sentencing of an 18-year-old alcoholic convicted of the manslaughter of 20-year-old man at the Liffey Valley Shopping Centre in September 2005 has been adjourned at the Central Criminal Court today.

The deceased's body lay undiscovered for two days in a field beside the shopping centre after a drink-fuelled row.

Mr Justice Philip O'Sullivan adjourned sentencing until 18th December so that a report outlining his expected custodial regime can be prepared.

Referring to recent concerns raised publicly by Father Peter McVerry of the St Patrick’s Institution, Justice O'Sullivan said: “I wouldn’t want to impose a sentence before knowing what the regime would be.”

Kevin Walsh of Allenton Green, Tallaght, Dublin, who was 16 at the time of the killing, had pleaded not guilty to murdering James Burke between September 22nd and 26th 2005 at the Liffey Valley Shopping Centre, Clondalkin.

Det. Sgt Noel Doolin told the court that Mr Walsh, who was expelled from a special needs school at the age of 14, had 32 previous convictions for a range of various offences dating back to December 2004, including driving without a licence, theft and burglary.

Many of the convictions were brought before the Children’s Court and all but one ended in a custodial sentence.

He also agreed with defence counsel Mr Michael O'Higgins SC that the accused's mother, Liz Walsh, a mother-of-six, was a "respectable person" who did her best to raise her children.

The victim impact statement of the deceased's mother, Jennifer Burke, was also read into evidence. She said: "James came to Ireland as an energetic and enthusiastic young man, keen to start a new life and to make his mum and family proud. As a mother who has buried her first born, I could never put into words the pain I feel."

She added: "One day, Kevin Walsh's mother will have him back at her side and she will be able to love him, but I will never be able to do that."

On the day of the killing, the victim's uncle, David Hunt, dropped his nephew to the Square Shopping Centre and gave him €10 to buy cigarettes and to play in the arcade. The family had moved into the Tallaght area only a few weeks previously and he didn’t have any friends.

At the same time, Mr Walsh, who had spent the afternoon drinking with three friends at the back of the Old Mill Pub in Tallaght, was also making his way towards the Square.

While standing outside the arcade, James Burke, whom he had never met before, approached him.

The deceased asked him whether the arcade was open 24 hours which led to them striking up a conversation. Mr Walsh took pity on him and invited him to go drinking with himself and his girlfriend. The two left to go to meet the accused's girlfriend in Liffey Valley Shopping Centre.

All three continued "talking and drinking" in a field beside the Marks & Spencers' car park and a row broke out some time later. Mr Walsh claimed the deceased started arguing with him because he spat alcohol on his hand.