A Coolock, Dublin, drugs dealer has been jailed for manslaughter arising from what a garda called "a vicious, unprovoked assault on an innocent bystander".
Gerard Bolger was jailed for five years and this sentence is to run consecutively with a term of 3 1/2 years he is serving since November 19th last for having cannabis valued £250,000 for sale or supply.
Bolger (27), single, of Cromcastle Avenue, pleaded guilty to the unlawful killing of Mr Eugene Flanagan (38), a father of four, on December 8th, 1997, outside Miller's public house in Donneycarney. The victim's children are aged from 13 to three years.
Sgt Gerry Kelly told Mr Barry White SC, prosecuting, that the pub was changing ownership that night. The victim was a respected patron and had no connection whatever with incidents earlier which led to Bolger's ejection by staff and patrons.
Mr Flanagan was with his wife and was due to start his own business at the time. He was killed as a result of single punch to his face outside the pub by Bolger.
Judge Elizabeth Dunne said she was imposing a consecutive sentence because the manslaughter incident was an entirely different matter to the drugs crime. She took Bolger's guilty plea into consideration in deciding on a five-year term, which had to reflect the seriousness of the matter.
Judge Dunne refused an application by Mr George Birmingham SC, defending, that she should review the sentence in about five years' time.
She said the evidence showed Bolger had been consistently unpleasant to other people in the pub that night. He had struck another man, who had to be taken to hospital where he got six stitches.
Mr White said that earlier in the pub Bolger had made unwanted advances to a young woman and groped her. Later he came to that woman's table and engaged in conversation with her sister, who asked about the groping incident.
Bolger engaged in provocative conduct with that woman's boyfriend and stuck his tongue out at him. Staff and patrons ejected Bolger and his brother in what was described as a "scrum".
Mr White said Bolger remained agitated outside and struck Mr Flanagan in the face with his fist. Mr Flanagan fell to the ground and died as a result of head injuries.
Mr Birmingham said his client and his family were genuinely remorseful for Mr Flanagan's death. Bolger was availing of the prison's educational facilities.
Sgt Kelly said Bolger had five previous convictions. The most recent was on November 19th last, when he was jailed for the drugs offence. Bolger was caught with the cannabis valued £250,000 in a van which was stopped at a garda checkpoint on Lower Kimmage Road on January 6th, 1998.
He said he didn't own the drugs but "had been asked by a guy to just drop them off". A co-accused, Brian Mahony, who was in the passenger seat, was jailed for three years.