A 28-year-old Limerick man has been acquitted of murder but found guilty of the manslaughter of a retired secondary school teacher at the Central Criminal court today.
After seven hours of deliberation over two days, a jury of nine women and three men returned a majority verdict against Mr Darren Cunneen, of Clare St, Limerick for the manslaughter of 74-year-old Mr Joseph O'Doherty at his home on December 13th 2001.
Looking pale and drawn, Mr Cunneen showed no emotion as the verdict was read out but smiled with relief once the jury were discharged.
He had pleaded guilty to manslaughter but denied the murder charge. He was accompanied in court by his parents and brother and was remanded in custody by Mr Justice Barry White for sentencing on March 23rd.
During the five-day trial the jury heard the victim died from massive internal bleeding of the abdomen and multiple fractures of the head, face, neck and ribs after he was kicked and beaten by Mr Cunneen in the hallway of his home.
A retired Greek and Latin teacher, Mr O'Doherty had been living alone in a sheltered housing complex for the elderly in Limerick city. He was unmarried and had no immediate family.
The trial judge allowed the jury to consider a defence of provocation: Mr Cunneen alleged he was raped by Mr O'Doherty when he was "14 or 15" and went to his home after 1 a.m. on 13 December 2001 to confront him about the alleged abuse.
A barman from a city centre pub testified that the accused was drinking alone in a pub from 7.30 p.m. until closing time on Wednesday December 12th and said he drank between 8-9 pints of Guinness during the night. Mr Cunneen made his way to the deceased's house in the complex around 1.30 a.m. and punched the victim in the face after he had come to the door.
Defence counsel Ms Isobel Kennedy SC told the jury in her closing speech that Mr Cunneen "had effectively a flash back" to the alleged abuse during his assault on Mr O'Doherty which provoked him into losing control.
"When he sees him, that is the point he loses control. He struggles with Mr O'Doherty, Mr O'Doherty's trousers fall down. He had effectively a flash back to ten years ago when he was abused by Mr O'Doherty" she said. "He lost control, that's evidenced by the injuries received by the deceased" she added.
In statements to Gardai Mr Cunneen said "I saw his pants were down, I thought he was going to do it again. I just wanted to hit him a few times but I couldn't stop. There was so much hate inside me".
A second cousin of the victim, Mr John Ryan, testified that the deceased was a qualified secondary school teacher who made his living from giving grinds in Greek and Latin to young students. However, Mr O'Doherty suddenly stopped giving grinds after a sex offence conviction in July 1991.
Mr Justice White thanked the jury and excused them from jury service for the next ten years.