Father-of-two admits ‘one-punch’ killing of vulnerable victim (29)
A FATHER-of-two who admitted causing the death of a vulnerable Co Down man in a “one-punch” incident will be sentenced for manslaughter later this month.
During a hearing at Belfast Crown Court yesterday into the December 2018 death of Padraig Fox, it emerged that Donach Rice slashed his arm with a machete in a bid to create a “self-defence scenario” and wrongly blame the deceased.
Rice (22) from Kilkeel Street in Annalong initially lied to police about how Mr Fox died, but later admitted punching the 29-yearold in the face, which caused him to fall back and hit his head.
Mr Fox lived alone in a flat at Burrendale Road in Newcastle, and the day before he lost his life he had been with neighbour Paul Magennis (28), who lived in the flat above, and cousins Donach and Nathan Rice (21).
The men spent Friday, December 7 drinking and taking drugs including acid in Magennis’ flat. This went on into the following morning, and some time around 8am and 9am, Mr Fox lost his life.
Saying Mr Fox’s death was set against a backdrop of “the disorderly lifestyle these young men had”, Crown prosecutor Rick Weir QC said that in the flat “tensions were raised and altercations ensued”.
Following the discovery of Mr Fox’s body and due to the Rice cousins and Magennis initially lying to police, officers had to piece together what occurred in the flat.
Mr Fox’s body was discovered at 1.45pm on Saturday 8 by a man seeking Magennis, and when police arrived at the scene, they observed a lifeless body in the kitchen.
He was found lying on his back with a machete underneath his left hand, and his T-shirt pulled over his face with his chest exposed.
A post-mortem was conducted the following day, with the cause of death attributed to blunt force trauma.
He suffered a bleed to the brain and a fractured skull, with the pathologist concluding his ability to breathe whilst on the ground would have been compromised due to a broken nose and consequent bleeding into his airways.
Mr Weir — who described Mr Fox as “vulnerable” — revealed that a solicitor for the Rice cousins contacted the PSNI on December 8 to say they had been in the flat with Mr Fox and they wanted to assist police.
Both Donach and Nathan Rice, from Saul Street in Downpatrick, provided statements claiming they saw Magennis throw the fatal punch. The cousins later admitted this was a lie, and admitted a charge of perverting the course of justice.
The prosecutor said that following a detailed investigation, the true picture emerged of what occurred both before and after the fatal punch.
Mr Weir said that during the course of Friday night and early Saturday morning, Mr Fox sustained a facial injury after he was assaulted in the flat. After that, at around 5am, he walked to the Slieve Donard with the Rices.
The two cousins broke into the hotel and stole three bottles of alcohol, and the trio returned to Magennis’ flat where the drinking continued.
Shortly after 8am there was an altercation between Donach Rice and Mr Fox, when the deceased was punched once and fell.
Mr Weir said Mr Fox “showed no signs of life after this assault”. Nathan Rice then left the flat, while Donach Rice and Magennis remained there for 13 minutes before leaving and involving themselves in further crime.
They accosted an elderly man at an ATM on the Dundrum Road at 9.25am, while at 9.50am Donach Rice cashed in a betting slip for £7.80 that belonged to the deceased Mr Fox.
All three men were subsequently arrested and interviewed. Magennis was interviewed 12 times and claimed Donach Rice firstly assaulted Mr Fox causing an eye injury, and that the fatal punch was administered in a second assault by Rice.
He also admitted staying behind after the fatal punch, and said he and Rice “sliced” themselves with the machete before the weapon was placed under Mr Fox’s hand to make it look like self-defence. He is due to be sentenced for two counts of perverting the course of justice.
Donach Rice was interviewed nine times, and admitted breaking into the Slieve Donard with his cousin. Despite initial denials, he admitted punching Mr Fox in the face. He later pleaded guilty to manslaughter and other offences.
Nathan Rice admitted proving a false statement and said this was to protect his cousin. He also admitted breaking into the Slieve Donard, and said he left the flat in a panic after the fatal punch.
Eugene Grant QC, representing Donach Rice, said that when his client finally admitted throwing the fatal punch he immediately expressed remorse and told police “there was no malice, I didn’t mean for him to be dead”.
The barrister told Mr Justice Colton that Rice’s memory of what happened in the flat was “extremely vague”, and he has since said there was “no excuse” for his behaviour.
Gavan Duffy QC, acting for Magennis, said that when his client “came clean” with police he “immediately started to exhibit remorse” for the death of a man he considered to be a friend.
Mr Duffy revealed issues in Magennis’ childhood resulted in poor mental health. He added that during his time on remand his client is attending education courses and has passed five drugs tests.
Grey Berry QC, representing Nathan Rice, pointed out his client played no part in the attack and left the flat in the immediate aftermath. The barrister also spoke of his client’s difficulties which include a low IQ and “easily being led by peers.”
Mr Justice Colton said he would pass sentence on January 28, and while Donach Rice and Magennis were remanded back into custody, Nathan Rice was released on continuing bail.