A Co Galway man who admitted the manslaughter of a Chinese national outside a Tuam night club last year was spared a prison sentence when Galway Circuit Court found yesterday that he showed "genuine remorse" for the killing.
Michael Duffy (21), of Gilmartin Road, Tuam, had his sentence deferred for two years after pleading guilty to the manslaughter of Kwok Keung Soong in the town centre in October of last year.
The court heard that Duffy and three of his friends had become involved in a fracas with members of Mr Soong's family in the early hours of October 13th, 1997. Mr Soong died in hospital four days later as a result of injuries sustained when Duffy head-butted him on the street outside the club.
Three other Tuam men, Keith Costello (20), of Dublin Road Estate, Adrian O'Halloran (23), of Weir Road, and Patrick Ward (25), of Parkmore, each received suspended sentences as a result of the incident.
They each pleaded guilty to the assault, causing harm, of Mr Paul Soong, the victim's son, under Section 3 of the Non-Fatal Offences Against the Person Act 1977.
Judge Yvonne Murphy heard the fracas occurred outside the Imperial Hotel, Tuam, after both parties had been out for the night.
Duffy, whose employer also spoke on his behalf, told the court the death of Mr Soong had haunted him every day over the past year. He offered a tearful apology to the deceased man's family in court.
"I have thought about this every day and every night and I am thinking about him all the time," he said.
"If there was anything I could do, I would. But whatever I am going to say is not going to bring the man back."
After deliberating for 90 minutes, Judge Murphy said Mr Soong's death was a great loss, not only to his family, but to people in Galway and Tuam where he ran two restaurants.
"It was a measure of the esteem in which he was held that so many people rang the Garda to report the incident straight away," she said.
"All parties were on a night out and drink had been taken. Mr Soong had actually moved away from the dispute when he was head-butted by the defendant.
"I have no doubt that Mr Duffy did not intend to cause the death of Mr Soong. I am satisfied that his remorse is genuine, but he, and only he, will have to live with the consequences of what he has done."
Judge Murphy said she would adjourn the case against Duffy for two years, at which stage the probation service would report back to the Circuit Court on his progress.
Supt Bill Fennell said the 49year old deceased man and his girlfriend had just left the club adjoining the hotel when the altercation took place between Mr Soong and the four accused.
He said an altercation occurred between Mr Soong's girlfriend and his estranged wife, who had come over from Scotland for a visit that weekend, on the street outside the club. The other four men had just left the club when a row erupted between the two groups.
"Paul Soong and his group arrived from another club, at the Sportsman's Inn, and the three groups met almost simultaneously," he said.
"There were words exchanged between the deceased and some of the group that came out of the disco."
Supt Fennell said Paul Soong tried to stop any "argy bargy" and added that some of the name-calling had a racist undertone.
The name calling had died down when Duffy head-butted Mr Soong in an unprovoked attack.
He said the area was crowded at the time and some witnesses heard a loud thud as the deceased hit the ground.
The perpetrators of the attack were identified to the Garda by witnesses at the scene.
Both Costello and O'Halloran admitted assaulting Paul Soong, while Ward said that he had hit the younger Mr Soong once after failing to break up the dispute.
"Paul Soong received kicks and punches on the ground, but he made a full recovery from the attack," said Supt Fennell.
Supt Fennell said Duffy was "slightly volatile" when he had consumed alcoholic drink and the entire episode was drink-related. "I would accept that Duffy is completely remorseful and it was a case where some name-calling turned completely sour," he added.
The judge sentenced both Keith Costello and Adrian O'Halloran to two-year prison terms, both of which were suspended provided they entered bonds to keep the peace for two years.
Because he had a more peripheral role, she sentenced Ward to a one-year term which she again suspended. "In Mr Ward's case, I accept that his involvement was minimalist," she said, before extending the sympathy of the court to the Soong family.