'If the cancer doesn't kill you, I will kill you': Cancer patient says thief attacked him because he knew he was weak

The 61-year old cancer patient subjected to a terrifying 40-minute long ordeal where he was battered around the head and body with a baseball bat has said that he was targeted by his attacker because he knew he was weak with his cancer.

Speaking outside Ennis Circuit Court after details were heard of the brutal and frenzied assault perpetrated by Jason Burke (21) on James Delaney at his Shannon home last July, Mr Delaney said: “I feared for my life. At times I thought that was it, that it was over.”

During the frenzied assault, Mr Burke told Mr Delaney 'if the cancer doesn't kill you, I will kill you'.

Jason Burke.

Mr Delaney is currently being treated for prostate, stomach and bowel cancer and he wept as he said: “I felt totally powerless and I was ashamed -ashamed that I couldn’t defend myself because I was so weak.”

I thought I was going to die that day.”

Mr Delaney was on crutches at the time of the attack following breaking a leg in three places and he said: “I was there in my house in a T-shirt, shorts, no shoes on and crutches and being beaten with the baton.

“The cancer had taken all the strength away from me - and he knew that and he would know every part of my history."

I was completely helpless. I could do nothing. I have been through many situations in my life and I thought I was going to die that day.

He said: “I am not showing bravado about this, but if it was a few years previous, he would never have come near my house in the first place - even with a baseball bat. I don’t like speaking like that. I don’t. I have always been strong. I was a good footballer. I have lived a very active life.”

Mr Delaney had acted as a mentor in the past to Mr Burke in helping him “in every area of his life” and trying to the keep the man on the straight and narrow and Mr Delaney said that he had no fear when he allowed Mr Burke into his home on July 26th last.

Mr Delaney said: “He is standing there and he wants my cancer medication. I turned my back and he hits me with the baseball bat I had never even seen. I was totally immobile. When I was standing at the kitchen sink with the crutches, that is when he first hit me.”

He said: “I escaped with my life. You can take that he was there to kill me. The way he started he wasn’t going to stop.”

In the case, Mr Burke of no fixed abode pleaded guilty to threatening to kill or cause serious harm to James Delaney at his home at Fana Ghael in Shannon on July 266 last.

Mr Burke also pleaded guilty to the the assault causing harm to Mr Delaney on the same date.

Judge Gerald Keys has adjourned sentencing to May 21 and asked what outcome he would like in the case outside court, Mr Delaney replied: “I will leave that to the judge. I am going through bigger things. I have great love in my life. Great love. That is what I will focus myself on.”

Mr Delaney - who the court heard lives in an affordable house in an area in Shannon where many retirees and elderly people also live - said that that he found it very hard to listen to details of the assault in court.

In court, Det Garda David Laing said that Mr Burke was “in a frenzied rage and he was shouting and roaring that he was going to kill James Delaney and that he was the king".

Det Laing said that after the initial baseball strike to the head, Mr Burke hit his victim across the shoulder and chest area with the bat, and that the attacker then head-butted Mr Delaney three times and followed up with kicks to the groin and right leg.

Det Laing said that Mr Delaney scrambled to get out the front door but was hit on the head with the baseball bat once more and suffered a momentary loss of consciousness.

Det Laing said that Mr Burke overpowered James Delaney and pushed him back into the living room, again striking him with the bat. Det Laing said that Mr Burke issued a further threat to his victim that he wouldn’t let him out of the house and that he was going to kill him.

Mr Burke came across some of Mr Delaney’s medication under a couch while he also went through Mr Delaney’s kitchen cabinets looking for more.

Mr Delaney said that he only managed to get Mr Burke out of the house when saying that his son - who is 6ft 2 and a steel fixer - was due to arrive at the house as he does every day to see how his father is.

On behalf of Mr Burke, Patrick Whyms BL said that on the day, Mr Burke said that he had a bottle of Hennessy, four cans and 50 tablets.

Gardaí later that night found Mr Burke walking around Nenagh in a disorientated and intoxicated state and in possession of Mr Delaney’s medication.

In his first Garda interview, Mr Burke describe the allegation around the assault as "all bullshit".

Garda Laing said that Mr Burke “would have been living rough for a number of years as his mother would not have been able to cope with him because of psychiatric and addiction issues”.

Mr Whyms said that his client instructed him to offer an unreserved apology to Mr Delaney.

Mr Whyms said that Mr Delaney is a double victim as he was already a victim of illness before the serious assault on him.

Mr Whyms said that Mr Burke’s life story is one of many wrong turns, hard turns and hardship.

He said: “He has been placed in foster homes on several occasions in several parts of the country and has had significant mental health difficulties.”

Mr Whyms said that it wasn’t a normal threat to kill case. He said: “The serious event is the assault and the rest of it was stupid shouting and roaring in the middle of that.”

Mr Whyms said that “history has shown when Mr Burke does make these attempts and engage with services, it does work. I would ask that a sentence be structured to provide some kind of hope and incentive for Mr Burke to continue on the right path”.

Mr Burke has been on remand since his arrest last July and Judge Keys remanded Mr Burke in custody to May 21 for sentence.

Asked his view now of Mr Burke, Mr Delaney said: “I feel nothing. He doesn’t have any power over me. He is not in my thoughts every day.”

Mr Delaney continues with his cancer treatment. He said: “Two weeks after the assault, I was back in St James Hospital for treatment. For October, November, December I would have spent the majority of that time in hospital. I was out for Christmas and back in February for another two weeks.”