A man who was on trial for the murder of a father of six was jailed yesterday for six years on a lesser charge after the State accepted that he was not the man who delivered the fatal blow.
The State withdrew the murder charge and opted instead for a lesser charge of assault causing serious harm.
Michael McCarthy (24), Ballyspillane, Killarney, Co Kerry, pleaded not guilty to the murder of Michael Faulkner (43), at Mitchell's Crescent, Tralee, on August 23rd, 2004.
McCarthy pleaded guilty to the assault charge and was sentenced to six years' imprisonment by Mr Justice Paul Carney in the Central Criminal Court in Cork.
A number of witnesses during the trial said that they saw another man deliver a blow to Michael Faulkner's jaw, knocking him to the ground.
Dr Margaret Bolster, Assistant State Pathologist, had told the court that death was due to asphyxia - the dead man had choked on his own blood gushing from a massive injury to his jaw.
Witnesses, including the victim's 13-year-old son, Patrick, said that they saw Francie McCarthy hit Michael Faulkner to the face with "something".
The witnesses said they saw Patrick McCarthy hit Mr Faulkner in the stomach area - this injury caused massive damage to the abdomen but was not the fatal blow.
Yesterday, during the sentencing hearing before Mr Justice Paul Carney, Supt Pat Sullivan told the court of the circumstances surrounding the death. "It caused a serious injury to the abdomen - his guts were hanging out. There were three wounds to the mandible and another to the left upper back," he said.
During the investigation forensic detectives found a patch of blood-soaked carpet in the passenger side of Michael McCarthy's van.
The court was told that Michael Faulkner was originally from Cork city. He was unemployed and married.
Michael McCarthy was 22 at the time of the offence and is now married with one young child. He has a number of convictions including a count relating to a fraud he ran by preying on the elderly.
"There has been an ongoing feud between the McCarthys and the Faulkners. There has been a number of incidents on both sides. It is going on for almost 10 years - it started in England and continued in Cork and Kerry," said the superintendent.
Anthony Sammon SC, for the defence, told the court that McCarthy had suffered massive injuries when he was attacked by a man wielding two knives. The incident was related to the feud and his assailant was from the Faulkner family.
Mr Sammon said that the attack caused "dreadful scarring to the arms".
Mr Justice Carney said the Director of Public Prosecutions had accepted a plea of guilty to a downgraded charge, albeit a very serious one. "I will not be sentencing on the basis of a homicide or imposing any colourable variation of such sentence. I am dealing with assault of the most grave kind. The assault was one of the most vicious in character with the gravest of consequences.
"Anyone who involves himself with slash hooks is going to have to bear the responsibility for the consequences," he said.
Mr Justice Carney sentenced McCarthy to six years' imprisonment.
Outside the court the family of the dead man reacted with anger to the judgment.
Gardaí wearing riot gear surrounded the courthouse and uniformed members tried to keep the sides apart.
William Faulkner, brother of the dead man, said his family believed justice had not been delivered.
"There was no need to kill my brother. I know this dispute is going on for years but there was no need to kill him," he said.
"I want to appeal the case - we are very upset - there is no justice. These people don't want peace but all we want is justice," he added.