'Traumatised' man faces sentence for brother's death

A Dublin man who pleaded guilty to killing his younger brother will be sentenced tomorrow at the Central Criminal Court.

Derek McGrath (aged 36), Fortlawn Park, Blanchardstown, Dublin, pleaded guilty to the manslaughter of his 23-year old brother, Anthony at Whitestown Walk, Blanchardstown, in October 2006.

Today, Det Sgt Liam Kelly told the court that, in the hours leading up to the killing, both brothers had been at a family christening and that guests said they were “getting on very well”.

“They had a normal brother relationship.”

Anthony went home ahead of Derek after inviting him and a friend Joe Larkin to his house to have some food.

Derek had been drinking for two days. He had been at a fortieth birthday party on Friday night and, during the christening that Saturday, had consumed 12 pints, as well as taking cocaine and valium.

After arriving at Anthony’s house, Derek fell asleep on the couch in the sitting-room.

Anthony and Joe Larkin were in the kitchen preparing food when a disagreement developed between them about Anthony’s ex-girlfriend. She had moved out of Anthony’s house 10 months previously because of his “temper” and had gone to stay at Joe Larkin’s – a fact that was concealed from Anthony.

Derek went into the kitchen and attempted to break up the disagreement but an argument broke out between him and Anthony. Larkin, who had left, returned when he heard the disturbance. He saw the brothers scuffling and separated them.

Anthony left the house. It appeared to Larkin and Derek that the disturbance had ended but, as they were leaving, Anthony had retrieved a hatchet from his van outside. He “swung the hatchet at them” and, in trying to get at his brother, he “struck Larkin on the forehead”. Larkin pushed Anthony out the door.

Derek then went into the kitchen and got two knives. Meanwhile, Anthony and Larkin were in the garden. Larkin had fallen on top of Anthony. Anthony got up and when Larkin got up he saw Derek, with a knife in each hand, scuffling with his brother.

Larkin tried to separate them but the “damage had been done”. Anthony was holding his right shoulder and saying “call the ambulance”.

When gardaí arrived they found Derek crouched over his brother, holding his head. He was agitated, crying and ran into the kitchen and sat on the floor. He put his head between his knees and was muttering and shouting. He kept saying “sorry” and “God let him live”, asking if his brother was going to be okay and that he didn’t mean for it to happen.

Anthony died of a single stab wound to the neck.

Derek told gardaí in interviews that he “couldn’t remember getting the knives” and that he “sobered up when he was putting a T-shirt on Anthony’s wound”. He said that he “understood straightaway what he had done”.

Derek McGrath has a long-term partner, two sons and one daughter.

A Victim Impact Statement written by his and Anthony’s mother, Rita McGrath, was read out to the court.

It said that her life “changed forever...It was the most horrific thing that ever happened... and is worse because of Derek’s responsibility. A part of her died after. Anthony was a son any mother would have been proud of. She was so proud of his achievements. He was loved by all his family, including Derek.”

Mrs McGrath wrote that Derek “has many difficulties in his life” and that she “knows he is traumatised and in great pain”.

She “wants justice for Anthony and knows that Derek has to be punished but she does not want to lose another son through a long prison sentence.”

Det Sgt Kelly told the court that Derek had never previously been violent toward Anthony.

The court also heard that their father had chronic alcohol problems and Derek had acted in the place of their father, looking after his two younger brothers.

Defence Counsel Diarmaid McGuinness read from a number of letters written by members of the McGrath family and Derek’s partner.

His mother Rita wrote: “Derek loved Anthony from the moment he was born. He was very protective of him. Derek tried to fill the role of father with his two younger brothers. I am in so much pain to lose a child.

“Any punishment Derek receives will not be as bad as what he is going through at the moment. He is a fine father to his three children.”

His youngest brother Thomas wrote: “For the seventeen years I’ve known Derek he took the role of father to me and Tony. I believe what Derek did was an accident and that he would never have meant it.”

Derek’s partner Rhonda said that she said that she has been in a relationship with him most of her life, since she was 12 years old and he was 13.

“He spent most of his teenage life fighting addiction...All the children were very close to Tony and are still trying to deal with what happened on that tragic night...I know in my heart of hearts that Derek never meant to hurt Tony.”

Mr Justice Paul Carney remanded Derek McGrath in custody until tomorrow morning, when he will be sentenced.