A 28-year-old Limerick man was given a seven-year sentence for the manslaughter of a retired teacher at the Central Criminal court yesterday.
Darren Cunneen, of Clare Street, Limerick, was acquitted on March 12th of murder, but found guilty of the manslaughter of Mr Joseph O'Doherty (74) at his home in a sheltered accommodation complex for the elderly at Good Shepherd Avenue, Pennywell, Limerick, on December 13th, 2001. The last two years of the sentence were suspended.
Mr Justice White said "sight cannot be lost of the fact that in the early hours of the morning of 13 December, 2001, Joseph O'Doherty, an elderly man, lost his life. He did not deserve to die."
He gave Cunneen credit for his co-operation with gardaí, and that he had shown remorse. "I am very conscious of the fact that no weapon was used, and I have had regard to your family circumstances and background and psychological report."
He dated the sentence from the conviction date of March 12th.
The judge said he had regard to an allegation of rape on Cunneen by the deceased. However, he said: "I trust that this sentence will not be seen in any way reflecting on the allegations made against the late Mr O'Doherty."
A retired Greek and Latin teacher, Mr O'Doherty had been living alone in the sheltered housing complex.
Cunneen pleaded provocation as a defence, and alleged that the deceased had raped him in an alleyway in Limerick city when he was 14. Cunneen told gardaí: "I just wanted to hit him a few times, but I couldn't stop. There was so much hate inside me."
Mr O'Doherty stopped giving grinds to students after a sex offence conviction in July 1991. He pleaded guilty to an indecent assault on a 14-year-old boy (not Cunneen), was given a 12-month suspended sentence and prohibited from giving grinds.