A 28-year-old Limerick man was acquitted of murder but found guilty of the manslaughter of a retired secondary school teacher at the Central Criminal Court yesterday.
After seven hours of deliberation over two days, a jury of nine women and three men returned a majority verdict against Darren Cunneen, Clare Street, Limerick, for the manslaughter of 74-year-old Mr Joseph O'Doherty at his home on December 13th, 2001.
Darren Cunneen showed no emotion as the verdict was read out but smiled with relief once the jury was 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 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 December 13th, 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 December 12th and that he drank between 8 and 9 pints 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 answered the door.
Defence counsel Ms Isobel Kennedy SC told the jury in her closing speech that, during his assault on Mr O'Doherty, Mr Cunneen "had effectively a flashback" to the alleged abuse, 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 flashback to 10 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 gardaí, 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 made his living from giving grinds in Greek and Latin. However, Mr O'Doherty stopped giving grinds to students after a sex offence conviction in July 1991. Gardaí confirmed he pleaded guilty to an indecent assault on a 14-year-old boy (not Mr Cunneen), was given a 12-month suspended sentence and prohibited from giving grinds to young people.