Judgment has been reserved in the case of the Director of Public Prosecutions’ appeal against the sentence handed down to two men convicted of the manslaughter of Det Jerry McCabe.
Pierce McCauley and Kevin Walsh were convicted of the manslaughter of Det McCabe during a robbery on a post office van in Adare, Co Limerick, in June 1996.
Mr Edward Comyn SC for the DPP told the Court of Criminal Appeal today the sentences of 14 years given to McCauley and Walsh were unduly lenient.
He argued the men’s previous convictions had a serious bearing on the case and that the sentences were too far from the maximum sentence for such a conviction.
However, Mr Gerry McEntee SC for McCauley argued the sentence was not lenient. "One has to look at this sentence as an appreciable part of a lifetime," he said. He also said leniency was a subjective matter.
Mr McEntee repeated McCauley’s regret that Det McCabe had been killed, and said that his client was repentant. He argued the original sentencing court had come to know the case intimately and their decision should be respected.
"This court should afford great weight to the reasons for imposing this sentence," he said. He said nothing but "a substantial departure from what must be regarded as an appropriate sentence" justifies any interference in this case.
Mr McEntee also referred to the fact that his client, while waiting for the outcome of this case, was without a release date. "There is nothing harder than an indeterminate sentence," he said.
Chief Justice Mr Ronan Keane, presiding, said he would reserve judgment until the next law term in the Autumn. Mr Justice McCracken and Mr Justice O’Higgins, also heard the case.