A 37-year-old alcoholic who beat and kicked a man in a row over a housing cheque will be sentenced for his manslaughter today at the Central Criminal Court.
Kenneth Parker (37) of King Street, Cobh, Co Cork pleaded guilty to the manslaughter of 40-year-old Seán Twomey, father of one, at his flat on Tyrconnell Road in Inchicore on February 21st, 2004.
Parker, who was homeless, had been offered accommodation by Mr Twomey before the attack took place. The deceased's brother, Michael Twomey, told the court his brother's death had had a devastating effect on him and his family.
He said his brother was a "real sociable person" with a "real good side to his nature. He wouldn't walk past somebody on the street when they needed help. He helped this man out, gave him a roof over his head and to die in the circumstances he died - he didn't need to be tied up like that," he said.
He described his brother as frail and said he could have offered no resistance. He said what haunted him most was the thought of his brother "lying dying across the city from me and he couldn't even call me on the phone". Evidence was given that Mr Twomey's phone had been taken from the house, but not by the accused.
"I just hope at some stage in 20 or 40 years that Kenneth Parker will in some way realise what he did to Seán," he said.
Det Insp Jody Crowe told Michael O'Higgins SC, prosecuting, that Parker did not have a place to stay and Mr Twomey had spoken to his landlord and arranged a room for him in the house. Mr Twomey had filled out paperwork on behalf of Parker and a rent allowance payment was being paid directly to the landlord.
Mr O'Higgins told the court that Parker had got it into his head that Mr Twomey was pulling "some sort of fast one on him" but Insp Crowe agreed his perception had been wrong.
Insp Crowe said Parker had this idea in his head for about two weeks and had been drinking before he entered the flat with two friends and assaulted Mr Twomey. He said they had accosted Mr Twomey, who was 5 ft 3in (1.6m) and weighed around 9 stone (57kg), and assaulted him during the next hour. He had also been tied up using a necktie.
State Pathologist Dr Marie Cassidy found Mr Twomey had eleven separate marks and abrasions, four on his head and seven or eight on his body. He had bruising to the forehead and over his left temple and there was a single bruise below the left side of his jaw. He had fractured his skull but this was found to be an old injury as Mr Twomey had previously been injured in a road traffic accident.
He also had bruising to his chest and back and four broken ribs. The pathologist said these injuries were likely to have been caused by kicks and punches.
A ligature had been applied to his arm and was found at the scene, whilst a tie was still around his wrist. Dr Cassidy also found a mark on the victim's neck indicating some degree of strangulation. She said Mr Twomey would have been more vulnerable than normal to developing serious complications as a result of his head injuries and that the neck trauma could have been a secondary or complicating factor in his death.
Mr Twomey was left lying on his bed in the flat following the assault, which took place on a Saturday. He was found lying face down on Tuesday night.
Parker has 27 previous convictions in the UK and Ireland for crimes including assault, robbery and breaches of public order.
Mr Justice Paul Carney adjourned the case until this morning when he will pass sentence.