Jury finds man guilty of Wicklow murder

A man will be given a mandatory life sentence after being convicted of murdering his friend in a row in Co. Wicklow last year.

Thomas O’Connor (aged 24), of Burnaby Court, Greystones, had pleaded not guilty to murdering John O’Brien at Farrankelly Road, Delgany on June 4, 2010.

But the jury of six men and six women returned a unanimous verdict of guilty after nearly four hours of deliberation.

Mr Justice Barry White deferred sentencing until December 12 to allow for preparation of a victim impact report.

However, the jury was told he had no discretion in departing from the mandatory life sentence before he exempted them from any further duty for 15 years.

The trial heard evidence from Deputy State Pathologist Dr Micheal Curtis the cause of death was catastrophic brain injury due to blunt force trauma to the head.

O'Connor had told gardaí in interview Mr O'Brien had started the row and then tried to hit him with a rock first.

He told gardaí he then got the rock but only hit Mr O'Brien two or three times and said “didn’t mean to kill him”.

The accused said in interview he was “in a rage” and when asked by gardai if he thought he had “lost it” in the row he said that he had.

The court also heard evidence the deceased had been abusive earlier that day, was drunk and was trying to initiate fights with numerous people.

Mr Justice White had earlier told the jury there was no option of acquitting the accused man - they must return a verdict of either guilty of murder or not guilty of murder but guilty of manslaughter.

He said the issue was whether this was murder or whether it was manslaughter by reason of provocation.

Prosecution counsel Mr Denis Vaughan Buckley SC with Mr Paul Murray BL submitted he was not a man who lost total control and he was acting in a reasoned manner afterwards by disposing of the rock used in the attack.

The court also heard he had gone to a friend’s house to wash his hands using bleach and a scrubber before taking firelighters and burning his jumper and later on disposing of other clothes.

He later went back to the scene where his friend’s body lay dead and engaged in conversation with several individuals at the scene of the crime.

Defence counsel submitted Mr O'Brien was a violent man and behaved in “an extremely erratic matter when he had drink taken.”

Mr Michael O'Higgins SC defending submitted an injury to O'Connor’s ear “in all probability did come from the deceased and the correct verdict is manslaughter.”