Man weeps as he is charged with street killing
A FISHERMAN was yesterday found not guilty of murdering an Irish father of two in Australia.
Andrew Doan, 35, had been accused of stabbing 32-year-old Charlie Mccarthy in the head with a screwdriver during a fight in Perth in 2017.
Jurors in the Supreme Court of Western Australia acquitted him of murder and an alternative charge of manslaughter.
There were gasps and tears when the verdict was handed down.
Outside court, the father of one described the past 13-and-a-half months in custody as a “crazy rollercoaster”. He christian Fleming said: “I don’t wish it upon anyone.” Mr Doan wept as he said it was good to be back with family and friends.
Mr Mccarthy’s brother Dan and twin sisters Siobhan and Sinead, who had travelled from their home in Cork, made no comment outside court.
Mr Doan was fishing with his pal Tien Vu Huynh in East Fremantle when Mr Mccarthy, his wife Nicole and friend Jason Mikel Curran walked by.
He said when the men saw him and Mr Huynh emerging from the water, they asked: “Have you caught much?”
The accused mumbled “not much” and they shot back “bit of s**t luck”, according to Doan. Their next comment – along the lines of “Fisheries are going A MAN wept in court yesterday after he was charged with manslaughter.
Christian Fleming, 20, is accused of killing 32-year-old Stephen O’connor following an alleged assault in Killorglin, Co Kerry, early last Sunday morning.
Sgt Michael Quirke objected to to get you,” – upset him and Mr Huynh, who are Asian and viewed it as racist.
Prosecutor James Mactaggart told the jury it was a “smart-a**e, throwaway” comment. Mr Doan said the remark was racist because there was a stereotype “that all Asians catch undersize fish”.
The trio walked off but Doan pursued and a profane, verbal argument erupted.
He said his anger soon gave way to feeling vulnerable and outnumbered when Mr Mccarthy began “puffing up” and walked back towards him “really staunch” with his fists clenched.
Doan added: “It looked like he was coming into a demonic rage.” He said he panicked, reached into his pocket, pulled out a screwdriver he had for crabbing bail because of the seriousness of the charge, the likely sentence on conviction for which the maximum sentence is life and the evidence which included CCTV.
He also told Killarney District Court he believed Fleming posed a threat to the community, given the nature of the alleged crime.
Defence solicitor Brendan and held it above his head, saying: “Get back or I’ll stab you.”
Mr Doan added as he retreated, he had a scuffle with Mr Curran and Mr Mccarthy kicked a wheelie bin at him.
He said Mr Mccarthy then charged and moved to punch him – ignoring his wife’s pleas – and impaled himself on the screwdriver.
Mr Doan insisted he had closed his eyes, thrown his arms up to protect his face and forgot the tool was in his hand.
When he opened his eyes, Mr Mccarthy was on the ground. He remained at the scene until emergency services arrived, telling police “it was me”, and claiming self-defence. Ahern said his client, of Mount Lyne, in the town, had cooperated fully with the inquiry.
He had also attended by appointment for interview.
Mr Ahern said Fleming had put forward what could be construed as “a certain defence to the charge” and Sgt Quirke agreed.
Judge David Waters remanded the accused on bail on his bond of €6,000, €2,000 of which was lodged in court.
The barman is also to observe a curfew between 11pm and 8am and on nights he was not working between 8pm and 8am.
Fleming is to have no contact with the victim’s family or any witnesses.