The man who was convicted of the murder of a Kilkenny postmaster has been given the mandatory life sentence after a victim impact statement by a brother of the dead man.
Shu Shen (25), a Chinese national formerly of The Old Rectory, New Ross, Co Wexford, had been found guilty of the murder of Alan Cunniffe (32). Shen was sentenced to life in prison and also received 10 years for the robbery of the post office at John's Green, Kilkenny, and possession of a firearm with intent to commit the robbery when he appeared in the Central Criminal Court at Dublin yesterday.
Mr Cunniffe's brother Declan cried as he told the court that December 8th, 2006, the days immediately afterwards, the year that followed and reliving the last moments of Alan's life during the trial had been the darkest his family has had to face.
Mr Cunniffe had taken over running the Centra and post office on John's Green, a family business, just two days before he was shot. "Our dear mum has had to deal with so much. The passing of our father after a battle with cancer was extremely tough for all our family, but the death of Alan, the unexpectedness, the brutal circumstances in which he was taken from us, are almost beyond belief." In a victim impact statement read to the court, Mr Cunniffe's brother said his mother Muriel and father Tom had provided a loving home for their eight children where love, honesty, education and hard work were to the fore and Mr Cunniffe, a twin, had big shoes to fill when he took over running the business.
"He took the challenge with enthusiasm and gusto."
His family sitting in the public gallery quietly cried as he read the statement. Jury members who found Shen guilty on Monday and returned for his sentencing were also in tears.
"Given the hurt our family has suffered, I can only admire the level of compassion our mum can find within herself to recognise that the man who has done this awful act is some other mum's son."
Mr Justice Paul Carney heard Shen arrived in Ireland three years ago on a student visa, studying English in Limerick. He later sought asylum and stayed in the Ormond Street hostel in Kilkenny, which was how he knew of the post office.
Paul Coffey SC, for Shen, said he was "all alone" in the world with no siblings, no knowledge of where his father was and no contact with his mother.
The court heard that Shen had travelled on a bus from Dublin to Kilkenny with a backpack carrying a balaclava, hammer, knife and an air pistol he had modified to take .22 rounds.
He went into the post office just after noon, covered with the balaclava and brandishing the gun in one hand and knife in the other. Shen made off with €13,760 but as he went to leave the post office Mr Cunniffe arrived and tried to stop him leaving, then chased him down Kilkenny's Wolfe Tone Street.
Mr Cunniffe tried to grab the bag from Shen who fired the gun into his abdomen before fleeing and leaving Mr Cunniffe bleeding on the footpath.
Shen was arrested a short time later and told gardaí it was an accident and he needed the money because he did not get an allowance and could not get a working visa.
"To most people these types of situations are things of fiction, what you see on TV or in the movies," Mr Cunniffe's brother told the court. "Unfortunately it seems that these types of circumstances are becoming more and more commonplace within our society."
Mr Coffey said Shen wished to apologise to the Cunniffe family and he asked Mr Justice Carney to take into account Shen's youth, the fact he had no previous convictions and his pleas of guilty to the robbery and possession of firearm charges.
Mr Justice Carney sentenced Shen to the mandatory life in prison for murder, backdated to December 8th, 2006. On both counts of robbery and possession of a firearm with intent to commit robbery he sentenced him to 10 years in prison, to be served concurrently.
Leave to appeal was refused.