Reaction: The parents of 11-year-old Midleton schoolboy Robert Holohan yesterday expressed disappointment at the decision of the Court of Criminal Appeal not to increase the four-year sentence on Wayne O'Donoghue (21) for their son's manslaughter.
The three-judge court, with Ms Justice Fidelma Macken presiding, refused all grounds of appeal made by the Director of Public Prosecutions (DPP) in arguing that the four-year sentence imposed on O'Donoghue was unduly lenient.
Leaving the Four Courts just over an hour after the Court of Criminal Appeal gave its decision in a detailed 33-page judgment, Mark and Majella Holohan were visibly drained and upset at the outcome of the appeal hearing.
"I just want to say we are very disappointed today, our thoughts are with Robert. We're very upset. We will talk later - our thoughts are with our beautiful little boy," said Ms Holohan, her voice breaking with emotion.
"We are very disappointed," her husband added, as the couple left the Four Courts following a near-hour-long briefing with the DPP's legal team of Shane Murphy SC, barrister Seán Guerin, solicitor John Dolan and senior gardaí involved.
Earlier this week, the Holohans had indicated they planned to hold a press conference in Midleton today to address a number of issues they felt needed clarification following press interviews by O'Donoghue.
However, The Irish Times has learned the family have decided not to go ahead with such a press conference, as they need to consult further with their solicitor, Ernest Cantillon in the wake of yesterday's detailed ruling.
The couple had revealed just before the hearing that they were not very hopeful of the DPP being successful in his appeal, but a source close to the family told The Irish Times the decision had still come as a major blow to them.
"They're at a very low ebb at the moment - they've been through an awful lot over the past 21 months or so, but today was as tough a day as they've been through in a long time. They really are very down," said the source.
O'Donoghue, who had looked relaxed as he chatted with his parents Ray and Therese before the decision was delivered, showed no emotion when Ms Justice Macken announced the appeal was being refused.
Afterwards, O'Donoghue's solicitor, Frank Buttimer, said his client was "extremely relieved" at the decision and that he now expected O'Donoghue to be released from prison early in 2008 with remission for good behaviour.
"I have spoken to Wayne O'Donoghue and his family, and he is extremely relieved that the Court of Criminal Appeal has found that the penalty which was imposed in this case is appropriate and the criminal proceedings are effectively concluded," Mr Buttimer said.
"He repeats his expression of gratitude to his friends, his family and all who have supported him and continue to do so.
"He reiterates his deep sorrow for the tragic loss of Robert Holohan and repeats his expression of sympathy to Robert's parents, family and friends."
