Manslaughter case affected by weather

WEATHER AFFECTED MANSLAUGHTER TRIAL HEARS OF HOW FATAL INCIDENT UNFOLDED AT KANTURK BAR

A 27-YEAR-OLD North Cork man is facing a new trial for manslaughter next October after his trial in Cork city fell victim to the weather when jury members were unable to travel to the courthouse in Washington Street.

Jonathan O’Sullivan from Dromagh had denied a charge of manslaughter over the death of musician Finbarr Lehane (65) who died at Cork University Hospital on November 7, 2016, two weeks after being struck by a single punch in the Stand Bar in Kanturk on October 23/24, 2016.

Mr O’Sullivan had denied the manslaughter charge but admitted assaulting Mr Lehane from Glen South, Banteer when he was arraigned before the jury panel at Cork Circuit Criminal Court on Tuesday morning, and the prosecution opened the case against him.

On Tuesday the court heard witnesses tell of their concern at the increasing tension between O’Sullivan and Lehane in the bar that night.

‘I decided to go out the back. I don’t know what happened. I just drew a punch,’ the accused said when interviewed later by Detective Garda Anthony Daly.

In a subsequent interview he said:” All it was was a punch, that was it. One punch to the face ...’

A 27 year old North Cork man is facing a new trial for manslaughter next October after his trial in Cork city fell victim to the weather when jury members were unable to travel to the courthouse in Washington Street.

Jonathan O’Sullivan from Dromagh had denied a charge of manslaughter over the death of musician Finbarr Lehane (65) who died at Cork University Hospital on November 7, 2016, two weeks after being struck by a single punch in the Stand Bar in Kanturk on October 23/24, 2016.

Mr O’Sullivan had denied the manslaughter charge but admitted assaulting Mr Lehane from Glen South, Banteer when he was arraigned before the jury panel at Cork Circuit Criminal Court on Tuesday morning, and the prosecution opened the case against him in front of the jury.

The jury of nine men and three women heard evidence from a number of witnesses and was due to resume on Wednesday morning but the blizzard like conditions which struck on Wednesday morning prevented a number of jurors from attending the Washington Street courthouse

Judge Sean O Donnabhain said that in the circumstances he had no option but to discharge the jury and adjourn the case against Mr O’Sullivan and he put the matter back until next October as a defence medical witness from the UK is not available until then.

At the Tuesday sitting of the trial, the prosecution told the court that O’Sullivan admitted punching Mr Lehane but denies the manslaughter of the 65 year old. Imelda Kelly BL, for the State, said the matter involved what is often referred to as “a one-punch case”.

The deceased was described as a usually good-humoured man who would go from table to table talking to a lot of people in the course of a night out. He enjoyed music and was seen playing his mouth organ in the Stand Bar on the night of October 23, 2016.

Jonathan O’Sullivan from Kanturk but now living at Birchfield Park, Goatstown, Dublin, relayed that the deceased had been ‘ talking ráimesh’ into his ear at the counter of the bar.

‘I decided to go out the back. I don’t know what happened. I just drew a punch. To ask me to go into finer detail I can’t,’ the accused said when interviewed later by Detective Garda Anthony Daly.

In a subsequent interview he said the deceased was ‘ talking shite’. ‘It is not like it was a row. All it was was a punch, that was it. One punch to the face, that was it. I actually thought he was messing on the ground (not getting up),’ O’Sullivan was reported to have said.

‘I did not go out to inflict damage on him. I never intended to hurt him. I threw a bit of a punch at him,’ he said.

Publican Jeremiah O’Callaghan testified that he was present in the bar all of that Sunday. The radio was on for patrons to follow the progress of Kiskeam in a county final and there was a soccer match on television. Mr O’Callaghan said Mr Lehane first came in that day at 4pm and went between the Stand and another bar where there was music. Mr O’Callaghan said he saw the accused pointing at Mr Lehane and he

(Mr O’Callaghan) caught his hand or arm and told him to leave Mr Lehane alone.

Finbarr O’Riordan, an off duty fireman, also told the accused ‘ leave it go, Johnny’.

Liz Angland, who was working part time at the bar, said the deceased would go around to different tables in the bar chatting to people in the course of a night. She said the accused was with a table of GAA lads and that at one stage she saw two of them moving the defendant away from Finbarr Lehane.

Ms Angland said that while she did not think the defendant and Mr Lehane were arguing she told her boss he should keep an eye on them.

Mr O’Callaghan went out to calm the situation down. She said she did not see the punch but she heard the deceased hit the ground with an unmerciful crack.

Later in the night when she went to clean the toilets one of the cubicles was locked. Mr O’Callaghan opened the door and found Jonathan O’Sullivan asleep on the toilet. When he was woken he was disoriented.

Finbarr O’Riordan said that the exchanges between the defendant and the deceased on the night was what he categorised as drink talk or ‘Mickey Mouse talk’.

Defence barrister Donal O’Sullivan said the single punch was a jab, and not a big haymaker of a punch. The nine men and three women of the jury watched the moment on CCTV footage from the bar.

The trial continues was postponed on Tuesday due to weather conditions but was due to resume on Wedndesday, when the jury was discharged due to the weather.