Teen alcoholic receives eight years for manslaughter

An 18-year-old alcoholic convicted of the killing of a 20-year-old in the Liffey Valley Shopping Centre in September 2005 has been sentenced to eight years in St Patrick’s Institution with the final five years suspended.

Kevin Walsh, 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.

A jury convicted him of manslaughter on October 25th this year, during the third week of the trial in the Central Criminal Court.

Mr Justice Philip O’Sullivan, who is retiring on Thursday, previously adjourned sentencing following concerns raised about St Patrick’s Institution by Jesuit priest Fr Peter McVerry.

He wanted to allow for the preparation of a report from the probation services outlining the expected custodial regime of the defendant.

Today (Monday) he suspended the final five years of the sentence providing Mr Walsh abides by four post-release supervision conditions.

These include regular meetings with a probation officer, attending the Tallaght Youth Project with a 'view to progressing his career,' staying-off alcohol, and partaking in other supervised cognitive work programmes.

Mr Walsh thanked the Judge and nodded his head in agreement upon hearing he must give up alcohol.

Mr Justice O’Sullivan replied: “I seriously hope things work out for the better.” He said it was his wish Mr Walsh becomes a ‘constructive member of society.’ He added: “It was a very sad case- especially for the Burke family.”

He backdated the sentence to September 2005 and noted that although Mr Walsh had a series of offences for theft and burglary, ‘this was the first offence which included personal violence.’

Among other considerations, he said he also took into account the age of the accused.

Mr Justice O’Sullivan also urged Mr Walsh to volunteer to any services or workshops available to him while in detention, including attending AA meetings, which he said he said he was ‘disappointed’ to learn were only held once a week.

Before sentencing, Mr Justice O’Sullivan asked probation officer Ms Rosemary Cronin, “What would his typical day be?” He also asked probation officer Ms Joanna Albee whether he could have any confidence recommendations made by him would ‘actually happen.’

Ms Cronin replied: “You can have every confidence that he will get that.” She also assured him conditions of a post-release supervision made by him would be implemented by the probations services.

During the trial the court heard Mr Walsh had never met the deceased before when the deceased started talking to him in the Square Shopping Centre.

Mr Walsh, who was evicted from a special needs school at 14 and had spent the afternoon drinking behind a pub, took pity on the deceased because he had only recently moved over from England and hadn’t yet made any friends.

He invited him to go drinking with himself and his then girlfriend in the Liffey Valley Shopping centre.

A row broke out soon after they arrived. Mr Walsh’s then girlfriend claimed it started because the deceased was English, but the court also heard other evidence indicating there was mutual "slagging". The two were on the ground fighting before Mr Walsh got the upper-hand.

Both the accused and his girlfriend had returned separately to the scene to see if the deceased was still alive.

The deceased’s body lay undiscovered for two days before the girlfriend of the accused informed gardaí.

Defence counsel Mr Michael O’Higgins SC repeated Mr Walsh’s apology to the Burke family for "the wrong he did and the grief he put them through".

The victim impact statement of the deceased's mother, Jennifer Burke, was also re-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. The day he was killed was the day my heart and soul died."

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."

Mr Walsh’s family were all in attendance at today’s sentencing. His mother sat behind him, crying as sentenced was imposed.

All but one of Mr Burke’s family were present, although his extended family had been present every day throughout the trial.