Three plead guilty to assault after State withdraws manslaughter charges

Three men accused of the manslaughter of a 65-year-old farmer over a land dispute had the unlawful killing charge against them dropped by the State today as they pleaded guilty to assault instead.

The trial of the three men for manslaughter in Rylane, in Co Cork, was delayed until this afternoon at Cork Circuit Criminal Court. By 3pm, following talks outside the courtroom, prosecution senior counsel, Tom O’Connell, said the prosecution was entering a nolle prosequi on the manslaughter charge and the three accused were pleading guilty to assault causing harm.

Connie O’Sullivan (aged 57), Annagannighy, Rylane, his son Finbarr O’Sullivan (aged 25), Millview Terrace, Model Village, Dripsey, and his nephew, Thomas Byrne (aged 25), Rylane East, had pleaded not guilty to manslaughter of John Twomey on August 19, 2008.

They were then re-arraigned on an alternative charge of assault causing harm to the late Mr Twomey and a second charge of assault causing harm to his brother, Patrick Twomey.

Each of the accused pleaded guilty to the two charges and sentencing was adjourned by Judge Patrick J. Moran until November 11.

Tim O’Leary senior counsel for Thomas Byrne said, “The background is that there was a dispute in relation to a boundary fence.”

Mr O’Leary said he was not for a moment gainsaying the distress experienced by the deceased’s family but added, “it is not a straightforward matter.”

Marjorie Farrelly senior counsel also sought an adjournment of sentencing for Connie O’Sullivan whom she said was father figure for Thomas Byrne whose father died in 1996.

Judge Moran adjourned sentencing in all three cases until November 11. On that date one of the gardaí in the investigation of the case will outline the background to the case.

Judge Moran thanked seven men and five women of the jury for their attendance and said that today’s development in the case had spared them hearing a case that would have lasted until late next week.