A 21-year-old engineering student told gardaí he was "a murderer" when he confessed, in a distressed state, that he had accidentally killed his 11-year-old next-door neighbour during a row over the youngster throwing stones at his car, the prosecution told the jury on the first day of a trial yesterday.
Wayne O'Donoghue admitted to gardaí that he had killed Robert Holohan after Mr O'Donoghue's father summoned gardaí to his home at Ballyedmond, in Midleton, Cork, on January 16th last - four days after Robert's body was found dumped some 12 miles away.
Prosecution counsel Shane Murphy SC told the jury of five men and seven women at the Central Criminal Court sitting in Cork that they would hear evidence over the coming days of how Mr O'Donoghue admitted the killing to gardaí in interviews and statements.
The case continues today and is expected to last three weeks.
Mr Murphy said the jury would hear how Det Sgt Peter Kenny and Det Garda Michael O'Sullivan went to the O'Donoghue home at around noon on January 16th after receiving a phonecall from Raymond O'Donoghue.
"You will hear that they found Wayne O'Donoghue sitting in an armchair, shaking and in a distressed state and that he told them, 'I grabbed him by the neck - I didn't mean it - it was an accident. I am a murderer, I am sorry, he was like a brother to me'."
Mr O'Donoghue yesterday denied the charge of murdering Robert Holohan at Ballyedmond on January 4th, 2005, but he did plead guilty to the manslaughter of the fifth-class pupil.
"Not-guilty to murder and guilty to manslaughter," replied Mr O'Donoghue when he was arraigned on the single charge of murder before Mr Justice Paul Carney as the parents of Robert Holohan, Mark and Majella Holohan, looked on. Mr Murphy went on to give a detailed outline of the evidence that the State will present against Mr O'Donoghue. He told the jury they would have to decide whether or not Mr O'Donoghue intended to kill or cause serious injury to the boy.
"What is the natural and probable consequence of a 20-year-old man applying force to an 11-year-old boy around the throat? What did Wayne O'Donoghue think he was doing when he applied force to that part of Robert Holohan's body?
"The State's case is Wayne O'Donoghue intended to kill or cause serious injury to Robert Holohan at that time," said Mr Murphy, adding that the evidence would show that Mr O'Donoghue killed Robert Holohan by causing him to asphyxiate.
The jury will hear how Mr O'Donoghue told gardaí that Robert called to his home on the afternoon of January 4th and asked him to drive him to McDonald's in Midleton for a milkshake. It will hear that when Mr O'Donoghue refused, Robert began throwing stones at his Fiat Punto car.
Mr Murphy said Mr O'Donoghue told gardaí that he went over to Robert in the driveway and grabbed first with his right hand and then with his left and jerked him away from the car to stop him throwing stones at the vehicle.
"I released the grip with my right hand - I was still holding him with my left hand - there was nothing said between us. I moved my left hand up to his Adam's apple. I said, 'Will you stop the f***ing stones'. I can't describe how tight or how long I held him. It seemed very short."
Mr Murphy said the jury would hear that Mr O'Donoghue told gardaí that when he released Robert, the boy fell to the ground. He brought Robert into the bathroom of his home and threw water on his face. When Robert didn't revive, he panicked and got black plastic bags and put them over his head and body.
He said that Mr O'Donoghue then carried Robert's body in the bags, put it in the boot of his car and drove down Ballyedmond, stopping at a local garage to buy a bottle of Lucozade before driving 12 miles to Inch Strand near Whitegate.
Mr Murphy said Mr O'Donoghue told gardaí that when he got there he opened the boot of the car.
"He said, 'I just wanted to remove the body. I threw the body into the ditch.' "
He said the jury will also hear from Mr O'Donoghue's statements that he returned to Inch later that night with a Coke bottle of petrol to try and burn the plastic he had used to wrap the body.
State Pathologist Prof Marie Cassidy will testify that Robert's T-shirt and trouser waistband had burn marks on them. Mr Murphy said the State would argue that "Wayne O'Donoghue did everything that he could to remove Robert's body and all traces of his body, not just from his house but from active circulation of where he may be found."
