A MAN WHO killed his friend after a day of drinking and taking drugs together has been jailed for four years at the Central Criminal Court.
John Mooney (29), Trim Road, Summerhill, Co Meath, pleaded guilty to the manslaughter of Thomas Canning (42), also from Summerhill, at Lough Lene, Collinstown, Co Westmeath, on August 30th, 2007.
Mooney was acquitted by a jury of the murder of Mr Canning following a trial last month. He had offered a plea to manslaughter before the trial but that had been rejected by the Director of Public Prosecutions.
An intoxicated Mooney had launched an unprovoked attack on his friend which resulted in Mr Canning suffering a fatal heart attack. Mr Justice Barry White said: "Neither intoxication nor the use of illegal substances can ever excuse the commission of a criminal offence." He said this death was "mindless in every sense".
He accepted that Mooney was genuinely remorseful, had co-operated fully with gardaí and was "acutely conscious of the pain and loss" he had inflicted on the Canning family.
Garda Brian Frayne told Michael Durack SC, prosecuting, that Mooney called gardaí at about 3.30am and said he had killed his friend in a camper van. They found Mooney sitting in the passenger seat and Mr Canning lying on the floor of the van.
Mooney was intoxicated at the scene and accepted responsibility for Mr Canning's death.
He was arrested and taken to Mullingar Garda station where he was seen by a doctor and interviewed. He co-operated fully and appeared remorseful.
He told gardaí that he met his friend at about 3pm the previous day. They travelled around drinking in various places in Meath and Westmeath. At about 7.30pm, they bought a tray of 24 cans of beer from an off licence.
They parked Mr Canning's camper van at Lough Lene where they drank the beer, smoked cannabis and took a white powder which they believed to be cocaine but was actually lignocaine, used as a mixing agent in the preparation of cocaine.
At about 3am, the powder ran out and Mooney went into a fit, lost control and attacked Mr Canning. Medical evidence showed that Mooney either punched Mr Canning in the throat or placed his hands on his throat causing his larynx to fracture, leading to a fatal heart attack within 15 seconds.
During interview, Mooney could offer no explanation for his attack. Patrick Gageby SC, defending, said: "No shadow of blame was cast by the accused on the deceased."
Mr Justice White heard that Mr Canning was a separated man with two children.
Garda Frayne said the Canning family was receiving counselling and that his 10-year-old son was most badly affected.
Mooney had worked as a labourer and had drug and alcohol problems. He is single, unemployed and had been suffering from anxiety and depression for which he was taking medication. He has 14 convictions for road traffic, public order offences and burglary. Mr Gageby said that his client came from an extremely decent, hard working and respectable family.