Judge comments on large number of immigrants connected to stabbings

The most senior central criminal court judge has commented on the large number of immigrants to Ireland coming before the courts following drunken stabbings.

In sentencing Brazilian immigrant Jose Claudio Domingos, aged 44, to seven years in prison for the manslaughter of his best friend Alberto Do Prado Oliveira, aged 47, Mr Justice Paul Carney said the case was a variant of a large number coming before the courts where members of the immigrant communities, who did not integrate with the population, gathered and drunk domestic spirits and beer in their flats.

“In a typical case what happens is that when a row develops there is a knife close at hand which has been used in the preparation of vegetables and a single stab from that knife causes death,” Mr Justice Carney said.

“This has been a variant of so many cases of that nature coming before us.”

Mr Oliveira was killed at a flat in Main Street Charleville on September 21, 2006, where Domingos, Oliveira and friends had gathered and were drinking beer and pingo, an elicit Brazilian drink similar to poitin, which one of them had brought to Ireland.

The stabbing happened after a bottom pinching incident which, as a matter of cultural difference "we will never understand", Justice Carney said.

He said Domingos did not object to bottom pinching from most of his compatriots present but he did object to the deceased man doing it because of how he regarded him.

Domingos went to hug Alberto, who pushed him to the floor twice, and on the third occasion Domingos got up off the floor and grabbed the knife, stabbing Alberto, cutting his carotid artery.

Domingos and his two friends at the flat, brothers Lindomar Teixeira and Dilmar decided to tell Gardaí and Alberto’s family he had committed suicide.

The men then had a “crisis of conscious” and decided to tell the truth, Domingos admitting the knife he held killed Alberto, but saying he never intended to kill him.

The court heard Domingos, with an address at Old Limerick Road, Charleville, emigrated to Ireland three years ago owing debts in Brazil, and was working in a meat factory at Charleville, sending money home for his family and paying for his son’s university education.

A victim impact statement, from Alberto’s wife, Sueli Abadia was read to the court by Pauline Walley SC, for the DPP.

Mrs Oliveira had followed her husband to Ireland and was tormented by his death, her children starting to fight and drink.

“Alberto was killed by someone who said to be his friend. I asked myself what kind of friend is that?”

“Nothing justifies taking the life of someone only god has that right.”

Her family was disgusted Domingos had tried to pass his death off as suicide.

She said everything ended for her when she stood by her husband’s coffin.

“I would like the justice to be conscious of my loss and suffering.”

Defence counsel Mr Brian McInerney SC said Domingos had no previous convictions and was facing imprisonment in a foreign country, which held it’s own difficulties.

Mr Justice Carney said Domingos had shown regret based on the loss of his friend but not based on any acceptance of responsibility.

While he acknowledged Domingos was a hard worker, the serious aspect of the case was trying to pass off his friend’s death as suicide.

Mr Justice Carney said Domingos had “hatched that plot” which aggravated the effect the killing has had on Alberto’s wife.

He said the sentence was higher than a typical one coming from the immigrant community because of the appalling pain inflicted on the widow in telling her it was suicide - "when the truth was he was killed by his best friend who still does not accept responsibility for the killing".

Domingos sentence was backdated to September 21, 2006 and leave to appeal was refused.