The parents of 11-year-old Cork schoolboy Robert Holohan, who was killed near his Midleton home last year, yesterday welcomed the decision by the Director of Public Prosecutions to appeal the leniency of a four-year sentence imposed on the 21-year-old student convicted of his manslaughter.
The sentence was imposed by Mr Justice Paul Carney on Wayne O'Donoghue for the manslaughter of Robert at Ballyedmond, Midleton, on January 4th, 2005.
Majella Holohan, Robert's mother, said: "Nothing is going to bring Robert back but we've always felt four years was very little for taking the life of a beautiful child."
O'Donoghue was acquitted by a jury in December 2005 of Robert's murder but had pleaded guilty to his manslaughter. He said he accidentally killed the boy in a row over throwing stones at his car.
The trial heard Robert died from asphyxia due to strangulation. O'Donoghue dumped Robert's body at Inch strand.
The Irish Times has learned that the DPP is basing his appeal application on six grounds, including a general one that the sentence is too lenient, arguing that it fails to take into account O'Donoghue's concealment of both the killing and of Robert's body.
Among the other grounds is the contention that the sentence did not recognise O'Donoghue's attempt to divert the focus of the Garda inquiry away from him and on to others. The DPP also argues that the sentence fails to take into account O'Donoghue's age, size and strength when assaulting Robert, as well as his admission that he grabbed Robert about the throat during the assault.
Yesterday marked the deadline for the lodging of an appeal and solicitor for O'Donoghue, Frank Buttimer, said he was "genuinely surprised" at the move as he and his client felt the four-year sentence was "fair and reasonable". He indicated his client would be contesting the appeal.
According to a legal source, the case is likely to come before the Court of Criminal Appeal between now and the summer to fix a date for hearing and the case is likely to be heard between October and December, with judgment possibly being reserved until early 2007.
Under the 1993 Criminal Justice Act, the DPP can apply to the Court of Criminal Appeal to review a sentence if he believes it was unduly lenient.
