A MAN who should have been serving a four-year prison sentence was free to assault a father of five who later died “due to inexcusable and catastrophic failings and administrative errors on the part of the State”, a family solicitor said yesterday.
Solicitor Lorna Groarke was speaking after the sentencing of Martin McDonagh (24), Mostrim Oaks, Ballymahon Road, Edgeworthstown, Co Longford at Longford Circuit Court. McDonagh was sentenced to five years’ imprisonment for assaulting Marie and Noel Keegan at Park Road in Longford on December 31st, 2009.
Mr Keegan (58), who suffered from a serious heart condition, died just minutes after the assault. Pathologist Michael Curtis found the man’s heart condition was severe, and that “he would have been predisposed to collapse and sudden death at any time”.
On the night of the assault, Marie Keegan warned McDonagh her husband had a heart complaint. This failed to prevent McDonagh from punching him a second time.
Mr Keegan’s family claims McDonagh was arrested, charged and released by gardaí in Longford four days prior to the attack, despite being unlawfully at large from prison.
McDonagh was unlawfully at large having failed to return to Castlerea Prison, from which he had been granted temporary release. He was serving a two-year sentence for striking a man on the head with a bottle.
While serving that sentence he was given a further four-year sentence at Tullamore Circuit Court. The sentence was issued after he was convicted of assaulting and stabbing a man in the leg with a pitchfork in September 2007. An inquiry is under way to discover why prison authorities were seemingly unaware of this sentence.
Mr Keegan’s family believe the State has failed them. Ms Groarke read a statement on their behalf: “Noel Keegan died on the 31st of December 2009 within minutes of being assaulted by Martin McDonagh. Martin McDonagh should have been in prison that night serving a four-year sentence imposed on him by the court,” she said. “Martin McDonagh was serving a two-year sentence when sentenced to four years’ imprisonment on 28th April, 2009. Due to inexcusable and catastrophic failing and errors on the part of the State, Martin McDonagh was wrongfully allowed out of prison and was therefore free to carry out a devastating and entirely unprovoked attack on Marie Keegan and the late Noel Keegan.
“For reasons that may well be disclosed in Judge Michael Reilly’s report, it appears that due to huge errors, Castlerea Prison was never informed of this four-year sentence. Martin McDonagh was wrongfully granted temporary release from Castlerea Prison.”
A victim impact statement read in court noted the devastation of the family.
“Noel got a health scare in November 2009 but was told by his doctor in early December he could return to work, and to have him taken from us in such a cruel way is heartbreaking.”