An­thony O’Ma­hony’s fam­ily in tears as sen­tence given

The Kerryman (South Kerry Edition) - - NEWS -

THE fam­ily of An­thony O’Ma­hony said their pain has been ‘ex­ac­er­bated’ by what they de­scribed as the ‘le­nient sen­tence’ handed down on Mon­day and which could see his killer, Michael Fer­ris, free within two years.

Rel­a­tives of An­thony O’Ma­hony (73) broke down in tears as his killer, Michael Fer­ris (63), was jailed for five years for man­slaugh­ter.

Mr Fer­ris was found not guilty of mur­der but guilty of the man­slaugh­ter of Mr O’Ma­hony at Rat­too on April 4 of 2017 by a jury at the Cen­tral Crim­i­nal Court in Tralee in Oc­to­ber.

Mr O’Ma­hony died when Michael Fer­ris re­peat­edly drove a tele­porter into him, hav­ing ‘snapped’ over a crow banger O’Ma­hony had been op­er­at­ing for three decades at Rat­too.

Michael Fer­ris re­ceived a six-year jail sen­tence for the man­slaugh­ter from Ms Jus­tice Carmel Ste­wart at the Cen­tral Crim­i­nal Court in Dublin on Mon­day, with the last 12 months sus­pended for three years.

The judge also back­dated the sen­tence to when Fer­ris first was taken into cus­tody in April of 2017.

With re­mis­sion and the year-and-eight-months al­ready served, it is likely he will be a free man by Christ­mas of 2020.

The fam­ily said what they see as the le­niency of the sen­tence is mak­ing their pain more acute, ex­ac­er­bated as it had al­ready been by a trial in which they be­lieve his name and good char­ac­ter had been ‘black­ened’.

Speak­ing to me­dia out­side the Cen­tral Crim­i­nal Court on Mon­day, Mr O’Ma­hony’s niece Ann O’Car­roll said:

“The de­fence le­gal team’s use of al­leged provo­ca­tion in this case al­lowed the jury to re­turn a con­vic­tion for the lesser charge of man­slaugh­ter.” She be­lieves the con­vic­tion should have been one of mur­der, she added.

So­lic­i­tor for Michael Fer­ris Frank But­timer said the in­ten­tion was never to ‘blacken’ the late Mr O’Ma­hony and that the only strat­egy avail­able to the de­fence was that of provo­ca­tion.

The de­fence would not have acted well for its client had it not raised those is­sues which went to the heart of the mat­ter.

“It wasn’t to blacken Mr O’Ma­hony in any cir­cum­stances,” Mr But­timer said.

Ann O’Car­roll, the niece of slain Bal­ly­duff farmerAn­thony O’Ma­hony, speak­ing to me­dia out­side the Cen­tral Crim­i­nal Court on Mon­day, where Michael Fer­ris re­ceived a five-year sen­tence.

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