THE FAMILY of Kelly-Anne Corcoran was disappointed at the two-year sentence handed down over her death, their lawyer said.
Speaking as details of the judge’s decision yesterday leaked out, lawyer Hector Gonzalez said: “I have told Kelly-Anne’s family and they are obviously very disappointed.”
Michael McArdle is not likely to serve any time in prison for the manslaughter of his wife.
“Their aim throughout all of this has not been to get McArdle jailed but to ensure justice was done,” said Mr Gonzalez.
“Some people may think a two-year suspended sentence for such a serious incident with such a terrible consequence, albeit unintentional, is a gift.
“Kelly-Anne’s family certainly thinks the sentence Mr McArdle has received is a very light punishment.
“He’s not going to prison and given the compensation he’s been ordered to pay, it essentially means the loss of a human life is being paid for with money.”
He added: “We’re not committing ourselves to an appeal until I’ve had a proper chance to speak with Kelly-Anne’s family and read through the judge’s sentence.
“But I think it’s probable they will want to appeal.”
Mr Gonzalez, McArdle’s defence lawyer Luis Casaubon and state prosecutor Carlos Yanez were given a copy of the judge’s written sentence yesterday morning at the court in Malaga where McArdle was tried and convicted. The court document will be officially released on Monday.
McArdle’s lawyer phoned his client in Ireland shortly afterwards and told him he would not have to return to a Spanish jail.
Speaking as he returned to his offices in Madrid, Mr Casaubon said: “My client maintains he is innocent and Kelly-Anne’s death was an accident. But he is happy he won’t have to go to prison and can remain with his children.
“The suspension of his prison sentence is not conditional on him paying compensation but he has every intention of paying the full compensation provided he is able to do so. A jury has convicted Mr McArdle of manslaughter and we respect their verdict even if it is one we don’t agree with.
“But there is a world of difference between manslaughter and murder and the version of events the jury has accepted is much closer to the one Mr McArdle has always maintained than the one which suggested he was guilty of intentionally killing his wife.”