Enniscorthy Guardian

Killer of Clonroche man is appealing his jail sentence

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A BRAZILIAN national jailed for killing a Clonroche man who had assaulted and racially abused him earlier that evening has moved to appeal his sentence.

Juraci Da Silva (36), with an address at Park Lane Apartments in Waterford, had admitted killing James ‘Jay’ Banville at New Street in Waterford in the early hours of October 8, 2016 but denied it was murder.

The Central Criminal Court heard that Da Silva had been assaulted twice earlier that evening by the deceased and his friend Conor Hogan from Taghmon. The first assault was accompanie­d by racial comments and the second by sexual comments ‘of a very damaging nature’, the trial heard.

After the second assault, the two men moved to the top of the street and turned down another street, while Da Silva, who had earlier armed himself with a knife, decided to go after them.

He was found not guilty of murder, but guilty of manslaught­er and guilty of producing a knife during an altercatio­n. Mr Banville died from a single stab wound to the heart.

Da Silva was also found not guilty of assault causing harm to Mr Hogan.

Sentencing him to eight years imprisonme­nt in November 2017, Mr Justice Michael White said Da Silva knew the dangers of knives, due his job in a meat plant.

Da Silva, who had no previous conviction­s and three young children in Brazil, had come to Ireland to work in the factory one month before the fatal incident.

Moving to appeal his sentence last week, his barrister, Colman Cody SC, said the sentence was too high given the context.

Mr Cody said Da Silva, a man of very slight build, had been subjected to two assaults which were ‘racially motivated’ and ‘sexually demeaning’ earlier that evening.

But the sentence Da Silva was given would usually be reserved for persons embarking on criminalit­y or persons who used a knife in a sustained assault or burglary, Mr Cody submitted.

Mr Justice John Edwards remarked that Da Silva armed himself with a knife and used it. He had opportunit­ies to withdraw but did not.

Counsel for the Director of Public Prosecutio­ns, John O’Kelly SC, said the two men were walking up the street posing no threat to Da Silva when he ‘set off’ after them.

Mr O’Kelly said the prosecutio­n’s case was that Da Silva pursued the two men for retributio­n.

Mr Cody later added that Da Silva’s family in Brazil were ‘very impoverish­ed’.

President of the Court of Appeal Mr Justice George Birmingham, who sat with Mr Justice Edwards and Ms Justice Marie Baker, said the court would reserve its judgment.

 ??  ?? The late Jay Banville.
The late Jay Banville.

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