A Waterford man was sentenced to four years in prison at the Central Criminal Court yesterday for killing his brother on New Year's Day.
Keith Doyle (34), of Ballybeg Park, had pleaded not guilty to murdering his younger brother, Gary Doyle (28), of Priory Lawn, Waterford, on January 1st, 2003.
The single father-of-one died from stab wounds at Waterford Hospital on New Year's morning, after fighting with the accused near their homes.
Mr Justice Paul Carney said: "The relationship between the brothers involved a situation where four years previous to the events Gary had put out Keith's eye."
The court heard that the brothers had reconciled since, and had even started a valet parking business together.
Both brothers began drinking beer with friends in a local pub around teatime on New Year's Eve. They each drank about seven or eight pints before moving on to pints of vodka mix.
Witnesses said there had been a good atmosphere in the pub, and the brothers had been close.
The group left the pub at around 2am, and began to walk home. An argument developed between the brothers and insults were exchanged.
Keith Doyle went into his house with two friends. Gary Doyle banged on his brother's door, asking him to come out so he could knock out his other eye.
"He was calling me a one-eyed bastard, " Doyle told gardaí later that day.
The accused came out with a baseball bat and a fight took place. Gary Doyle left and Keith Doyle returned to his house, emerging again moments later. He got into his car, took off at speed and followed his brother down Ballybeg Drive.
When he caught up with his brother, they fought again and Gary Doyle was stabbed a number of times. One of the wounds was to the jugular and fatal.
Gary Doyle bled profusely and was taken to hospital, where he died of blood loss. Keith Doyle returned to his car, drove home and changed his clothes. Gary Doyle's blood was found on these clothes during DNA testing, the court heard.
Later that morning, when Doyle's girlfriend told him of his younger sibling's death, he shouted: "What am I after doing?"
When gardaí came to his home, he told them: "I stabbed him in the neck with something and went home."
He said he was always fighting with his brother and agreed it had a lot to do with Gary "glassing" him in the eye.
However, he said he would not call it revenge. "I wouldn't hurt my brother. I got into a fit of blind rage."
Senior counsel John O'Kelly, defending, said he had never seen a case with stronger evidence of provocation. His client was being taunted with blinding by the very person who had taken out one of his eyes. "Who wouldn't have snapped?"
The jury reached a majority verdict of 10 to two that Doyle was not guilty of murder but guilty of manslaughter.
Mr Justice Carney told the court: "The easy approach would be to go along with the plea made by the family; that would be the very easy and soft approach. I have to take into account the fact that the accused man went and equipped himself with a knife."
He also considered Doyle's extensive criminal record, which includes convictions for malicious damage, larceny, burglary, drugs and firearms offences. "I view him as a continuing danger to the public."
Mr Justice Carney said mitigating factors in the sentencing included the level of provocation, remorse shown by Doyle and good behaviour since the incident.
Mr Justice Carney refused leave to appeal the sentence.