A West Belfast man who caused the death of his older brother during a fight walked free from the Crown Court yesterday after being put on probation for three years.
Mr Thomas Murphy died early on March 26th this year from a knife wound to the groin which pierced an artery. Yesterday Christopher Murphy (28) pleaded guilty to his manslaughter at their Ardmonagh Parade home where they lived with their mother and Christopher's two young children, then aged three and 12 months.
The court heard Thomas had returned home after drinking most of the previous day and probably having taken ecstasy. He had been aggressive to the mother and brother, and the disturbance had frightened the children. This behaviour continued despite attempts by his mother and brother to calm him down, and he repeatedly offered to fight his brother. Finally he went to his brother's room, which he was sharing with the three-year-old, and again taunted him to fight.
A Crown lawyer said Mrs Murphy heard the pair fighting and called the police, but before they arrived Christopher shouted to her to get help and she saw Thomas covered with blood. He had been stabbed with a household knife Christopher had taken from a drawer.
An RUC officer said Christopher had been in a state of shock when police arrived and had broken down on being told of his brother's death. After his arrest the defendant said he had stabbed his brother in the leg with a knife he had taken from a drawer.
"He was making my life hell. He came into the room and was asking me to fight and I stabbed him," he told police.
Defence QC Kevin Finnigan said at the time Christopher had been certified unfit for work due to depression. The lawyer said that a number of other small wounds on Thomas's leg and buttock were consistent with a man trying to use the knife to get the other person out of the room. It was clear the prosecution did not suggest there was any intention to cause serious harm.
Passing sentence, Lord Justice McCollum said Thomas's conduct had been persistent, noisy and obstreperous, causing great annoyance to the mother and distress to the children.
The judge said he felt the only effect of a custodial sentence would be to do further harm to his family. His own remorse would be a greater punishment than anything the court could impose.