A homeless man from Dublin who ‘snapped’ and fatally injured his friend after they went drinking for the day in Cork and missed their train home, has been jailed for five years.
Ciaran Moran (28) was sentenced to seven years in jail with two years suspended for the manslaughter of Keith Flanagan (34) at St Patrick's Quay in Cork on October 3rd 2013.
Det Sgt Vincent O'Sullivan told Cork Circuit Criminal Court that Moran and Mr Flanagan caught the train to Cork for a day out after Moran collected his dole in Dublin.
They had gone drinking in Cork and went to Cobh to visit relatives of Moran's but when they got back to Kent Station in Cork after 9pm they discovered they had missed the last train to Dublin.
They then went to St Patrick’s Quay in Cork to try and catch a bus back to Dublin. However when they discovered they could not use their free travel pass on the Aircoach, a row broke out.
Det Sgt O’Sullivan said that Mr Flanagan was fatally injured in the incident but he was able to make his way across the quay to where he slumped down on the pavement.
He was sitting on the pavement bleeding from the face and nose when passer-by Mary Wyse spotted him and rang 999 and was put through to ambulance control.
The ambulance controller asked Ms Wyse to ask Mr Flanagan what had happened to him and he replied: “Drinking spirits, just turned and snapped, a friend did it.”
Det Sgt O’Sullivan said Mr Flanagan was taken to Cork University Hospital (CUH) where he was put on life support but he died two days later on October 5th from internal head injuries.
He said Moran travelled back to Cork when he heard Mr Flanagan was in hospital but discovered that he had died when he arrived and he then contacted gardaí.
Moran had no recollection of what he had done to Mr Flanagan, but he was able to tell gardaí where they had gone and gardaí traced CCTV from 24 different premises showing both men.
Det Sgt O’Sullivan said the day had started out as a day of enjoyment in Dublin but had become a day of drinking in Cork before it took a tragic turn on St Patrick’s Quay.
Although CCTV footage from the Aircoach did not show the assault, it showed a man watching it and ringing gardaí. Gardaí were able to take a statement from him.
Moran and Mr Flanagan had begun grappling and Moran was heard shouting “I’ll throw you in the f***ing water” before Mr Flanagan fell to the ground when he suffered the head injury.
Mr Flanagan , who was originally from Luttrell Park in Carpenterstown, Dublin 15, picked himself up and walked across the street to where he was found by Ms Wyse.
Det Sgt O'Sullivan agreed with defence counsel, Patrick Gageby SC, that Moran was deeply remorseful over what had happened to his friend and he had co-operated fully with gardaí.
The court heard that Moran had a serious drink problem and was living in hostels in Dublin. When he wasn’t able to get a bed in a hostel, he would sleep rough on the streets, the court heard.
He was originally from Shankill in Co Dublin and had spent time in care and in foster homes and up until 2005 had only minor convictions mainly for public order offences.
However he was the victim of a stabbing and serious assault in 2005 and since then he had convictions for more serious matters including assault causing harm and possession of knives
A victim impact statement was read out on behalf of Mr Flanagan’s brother Paul in which he detailed the impact of his brother’s death on both himself and their mother.
Having to wait eight hours in CUH for his mother to arrive back from holidays and then having to tell her that his brother was on life support and would die was an awful experience.
His mother had ended up a broken woman and he himself had started suffering from depression and he had to give up working in the hostel where his brother used to stay.
Mr Gageby said his client had written to the court stating he "wishes to apologise and he accepts complete and utter responsibility for what happened to his friend",
Judge Sean O Donnabhain said that there was no doubt it was a tragic case and Moran undoubtedly had a sad history in that he had a chronic alcohol addiction.
What had started as a day of enjoyment in Dublin had turned to tragedy in Cork, but he had pleaded guilty and fully co-operated with gardaí even though he could not remember events.
He said he accepted Moran’s remorse was genuine and there was no understating the loss that Mr Flanagan’s family had suffered as a result of the death of their son and brother.
He said he also accepted the assault on Mr Flanagan was not premeditated and that it did not involve any weapons but nonetheless it was a serious assault which led to a loss of a life.
It seemed Moran was unable to deal with his alcohol addiction and it was important that there was a structured sentence to ensure that he was not a risk to other members of community.
He sentenced Moran to seven years in jail but suspended the final two years on condition that he keep the peace and obey the directions of the probation service upon his release.
