WAYNE O’DONOGHUE, who was released two years ago after serving a sentence for killing 11-year- old Robert Holohan, has settled a libel action against TV3.
As part of the settlement, TV3 acknowledged before the High Court yesterday there was no evidence that semen which was found on Robert’s body belonged to Mr O’Donoghue.
The boy was killed near his home at Midleton, Co Cork, in January 2005. Mr O’Donoghue was acquitted by a jury in December 2005 of Robert’s murder but had pleaded guilty to his manslaughter. He said he accidentally killed the boy in a row over throwing stones at his car.
The trial heard Robert died from asphyxia due to strangulation. Mr O’Donoghue dumped Robert’s body at Inch strand.
He was released from prison in January 2008, having served a three-year sentence.
The libel proceedings were listed for hearing yesterday but, at the outset, Declan Doyle SC, for Mr O’Donoghue, told Mr Justice Éamon de Valera the case had been settled. He said a statement would be read out on behalf of TV3 as part of that settlement.
The statement, read by Paul O’Higgins SC, said TV3 acknowledged there was no evidence that semen found on Robert’s body was that of Mr O’Donoghue.
Mr Justice de Valera struck out the case with no order.
The action against TV3 was among five defamation actions brought by Mr O’Donoghue in the wake of media coverage of his sentencing hearing on January, 24th, 2006. He moved to Britain when released from prison in 2008.
The action against TV3 arose from material broadcast on the evening of Mr O’Donoghue’s sentencing related to the victim impact statement made by Robert’s mother, Majella Holohan.
That statement raised several issues that had not formed any part of the two-week trial in which Mr O’Donoghue was unanimously acquitted of murder.