Tralee man guilty of manslaughter

A 24-year-old Tralee man killed a father-of-four by stamping on his head with his full body weight because the homeless man, whom he believed was HIV positive, spat at him, the Central Criminal Court heard today.

Brendan O'Connor (now aged 25) of Molanee House, Monnavalley, pleaded guilty to the manslaughter of fellow Kerry man Edward Joseph Clancy (aged 50) on August 15, 2006 on Bridge Street, Tralee.

He had originally pleaded not guilty to Mr Clancy’s murder, but changed his plea to guilty to manslaughter at the opening of his trial in November, having previously made no admissions in garda interviews.

His plea was accepted by the DPP on the grounds that the spitting and argument constituted provocation.

Deirdre Murphy SC, prosecuting, said that both men exchanged words outside a pub in the town in the early hours of that day. Mr Clancy spat at O’Connor before crossing the road and moving away.

“Brendan O’Connor followed him,” she said, explaining that further words were exchanged on this 30-yard walk to Bridge Street. There were several witnesses, she added.

Detective Sergeant Fergal Patwell quoted from witness statements that O’Connor caught up with Mr Clancy and grabbed him.

“Brendan O’Connor began punching Edward Joseph Clancy, knocked him to the ground and stamped on his head,” he said.

He said there was no evidence that Mr Clancy resisted or fought with O’Connor.

Ms Murphy said a post-mortem exam found that the base of Mr Clancy’s skull was completely fractured and there was extensive bruising to his head and face.

“There was evidence of kicking behind both ears and blood from the ear canal,” she said, explaining that the victim was likely to be lying on his right side while his left side was being stamped on.

She said the pathologist described it as a targeted attack to the head, and Mr Clancy was pronounced dead at Tralee Hospital within an hour of the attack.

Det. Sgt Patwell said O’Connor had previous convictions for assault causing harm, drug possession for sale or supply, criminal damage, and public order offences including obstruction.

He agreed with Mr David Goldberg SC, defending, that the deceased had 58 previous convictions including one for stabbing.

His convictions dated back to 1977 and also included other assaults, receiving stolen property, theft, larceny, trespass, robbery, criminal damage, drugs offences and convictions under the firearms and offensive weapons act.

He also agreed that it was widely believed that Mr Clancy had HIV and that gardaí took precautions when dealing with him.

“It appears there was no fact to it,” he added.

The court heard a victim-impact statement prepared by the victim’s daughter, Jane Gallagher.

“It was the most horrific and traumatic thing I’ve ever had to go through, to see my Dad in such a way,” she wrote. She said O’Connor had no thought for human life when he took her father‘s away.

“Life is precious. It can’t be replaced. You cannot get it back once it’s gone,” she added.

O’Connor’s employer gave evidence on his behalf, describing him as diligent, trustworthy and an excellent worker. Thomas Quirke installed O’Connor as manager of his bar in Cork, having employed him in another bar in Tralee.

“He is well-liked and looks after the older customers,” he said, describing the killing of Mr Clancy as “out of character” for his employee.

Mr Goldberg said his client deeply regretted the killing and expressed genuine remorse.

However he said Mr Clancy’s knuckles were grazed and bruised, indicating he might have struck someone.

He went on to say that HIV could be transmitted by spitting.

“In my submission, the provocation was sufficient to cause this particularly violent reaction,” he said.

Mr Justice Patrick McCarthy remanded O’Connor in custody for sentencing tomorrow.