A 24-year-old man has been given the mandatory sentence of life in prison for murdering a “thoughtful, charitable and generous” retiree who had taken both the defendant and his mother into his home after learning of their struggles with homelessness.
In April, a jury at the Central Criminal Court unanimously rejected the defence’s claim that Brian Ibe was entitled to a verdict of not guilty by reason of insanity and convicted him of the murder of Peter Kennedy, who had just turned 65 and was retired from the probation services.
A consultant psychiatrist had told the jury that the first time Ibe reported hearing voices in his head was over a year after he was remanded in custody, on the same day his awareness of the possibility of the special verdict was first documented.
It was Ibe’s second trial for the murder, with his first having collapsed in July last year due to a legal disagreement on the classification of certain defence witnesses as experts. Only witnesses classified as experts are allowed to give their opinions in evidence, as opposed to regular witnesses, who can only testify to factual matters.
Ibe, of no fixed abode and formerly of Moore Park, Newbridge, Co Kildare, had pleaded not guilty by reason of insanity to the murder of Mr Kennedy between April 28th and May 12th, 2020, both dates inclusive, in Newbridge. He had also pleaded not guilty by reason of insanity to assault causing harm to Garda Brendan O’Donnell at Newbridge Garda station on or about April 29th, 2020.
At the sentencing in the Central Criminal Court on Monday, the sister of the deceased, Anne-Marie Kennedy, delivered a victim-impact statement in which she said that the family and wider network continue to be shocked and traumatised by her brother’s murder.
She described Mr Kennedy as “a thoughtful, charitable and generous man” who was always available to help his community and freely gave of his time.
“He was good humoured and positive, always had a smile and was always up for a chat,” she said, adding that this “kind and generous man” suffered “a cruel and terrifying end”.
Ms Kennedy thanked all involved in the prosecution of the case, including the gardaí who were with her brother after he was attacked, administering first aid and holding his hand as he slowly lost consciousness.
She said that Peter’s extended family, friends and work colleagues continue to miss him and he will not be forgotten.
Ms Justice Melanie Greally said it had been an unusual trial in many respects, as a jury would not normally hear so much evidence about the deceased, but several people known to Mr Kennedy had all given accounts of his decency and generosity. She said that the court’s hands were tied regarding sentencing, but she noted the absence of any true remorse from Ibe for his actions.
The trial heard that Ibe’s mother, Martha Ibe, had an issue with homelessness and came to live with Mr Kennedy, with her son also moving into Mr Kennedy’s home around September 2019, when he was 19.
Problems arose before Christmas of 2019, with disputes between Mr Kennedy and the defendant, so Ibe left the house and came to Dublin, where he resided at a hostel run by the Peter McVerry Trust in Walkinstown.
On April 28th, 2020, the defendant left the hostel and got a taxi to Newbridge, where he entered Mr Kennedy’s house through the rear after smashing a window.
Ibe’s mother, who was present at the time, gave evidence that her son attacked Mr Kennedy with what she believed was a knife, making “jabbing motions”. She left to get assistance, and when gardaí arrived they found Mr Kennedy on the floor upstairs with serious head injuries lying in a pool of blood.
He was brought to Beaumont Hospital but died from his injuries on May 12th 2020.
Dr Stephen Monks, a consultant psychiatrist, told the jury that he diagnosed Ibe with schizophrenia and found that at the time of the assault, he was psychotic.
Dr Gaurav Malhan also diagnosed Ibe with schizophrenia and found that as a result of his psychosis, he was unable to refrain from assaulting Mr Kennedy.
However, Dr Mary Davoren, a psychiatrist called by the prosecution, disagreed with the schizophrenia diagnosis. The threats Ibe made to Mr Kennedy were goal-directed and rational, she said, and not evidence of the development of schizophrenia.
The jury of six men and six women deliberated for just under seven hours before returning their unanimous verdict of guilty on both counts, rejecting the defence claim that Ibe was not guilty by reason of insanity.
Ibe was also convicted of the assault on Garda O’Donnell on April 29th, 2020. Counsel for the Director of Public Prosecutions, Paul J Carroll SC said that when Ibe was detained in Newbridge on that date, gardaí attempted to take samples including DNA, but he became agitated and tried to leave the station. Garda O’Donnell tried to ensure he did not leave, at which point Ibe threw a punch with his right hand, which connected with the left side of the garda’s nose below the eye socket.
On the assault charge, Ms Justice Greally imposed 12 months in prison.
On the murder charge, Ms Justice Greally imposed the mandatory sentence of life in prison, backdated to the date Ibe went into custody, April 29th, 2020.
The trial heard from friends of Mr Kennedy, who gave evidence of their belief that Martha and Brian Ibe were taking advantage of the victim’s good nature. In the run-up to Christmas 2019, Rita Swords said Mr Kennedy was “dishevelled”, “unkempt” and hungry.
“He was just a broken man, he just wasn’t himself,” she said.
She said Brian Ibe called Mr Kennedy’s phone and demanded a meal from McDonald’s. She said Mr Kennedy was “panicking” and “terrified” when this happened.
Damian Molyneaux recalled Mr Kennedy, whom he described as his best friend, telling him that Brian Ibe twice threatened to kill him, saying he would “slit his throat”.
