A 28-year-old man who “set upon” a father-of-one at a homeless camp in Cork metropolis centre earlier than punching and kicking him to dying has been jailed for 11 years.
imothy ‘Timmy’ Hourihane (53) choked to dying on his personal blood after he was attacked by James Brady and one other man, who can’t be named for authorized causes, at a tented village for homeless individuals at Mardyke Walk within the early hours October 13, 2019.
Brady, of Shannon Lawn, Mayfield, Cork, had pleaded not responsible to murdering Mr Hourihane, a former chef who as soon as labored for the Hilton group in England.
He later admitted to Mr Hourihane’s manslaughter after a witness on the Central Criminal Court, sitting in Waterford, testified to seeing the accused and his confederate repeatedly stamping on the sufferer’s head and physique and kicking him within the groin in the course of the extended assault.
After a trial lasting 4 weeks, the jury unanimously convicted Brady of manslaughter in favour of the homicide cost sought by the State.
Sentencing Brady at this time, Ms Justice Deirdre Murphy described the unprovoked assault which killed Mr Hourihane as “brutal and savage and fuelled by alcohol and drugs”.
Noting that a number of passers-by tried to help the badly crushed sufferer as he lay on the bottom, the decide added: “It is probably scant comfort to the family that Mr Hourihane was not totally abandoned in the hour of his death.”
Ms Justice Murphy additionally mentioned that the truth that Brady was “still denying the core evidence of the case, that is he repeatedly kicked the prone body” of his sufferer, meant she was not persuaded to use a reduction to the headline time period of 13 years.
She mentioned Brady’s declare that his involvement within the assault was restricted to punching Mr Hourihane within the face had been contradicted by three witnesses on the trial.
But the decide mentioned she had famous that the defendant – who has earlier convictions for theft and public order offences – was now an enhanced prisoner and suspended the ultimate two years of the 13-year time period to encourage additional rehabilitation.
A autopsy had revealed that Mr Hourihane, who was initially from the Sheep’s Head Peninsula in west Cork, suffered a collapsed lung and extreme facial and head trauma because of the assault. The explanation for dying had been inhalation of blood and cardiac arrest.
At a listening to final month, a sufferer influence assertion from Mr Hourihane’s solely son, Elliot Hourihane, was learn to the court docket.
In his assertion, which was learn out by prosecution counsel Siobhan Lankford SC, Elliot Hourihane mentioned he could be ceaselessly “haunted by the horror” of his father’s killing.
Elliot Hourihane informed the court docket there have been “no winners only losers” within the case, including his solely hope now was that the household may get justice for his father.
He additionally mentioned he had been hoping he may in a roundabout way assist his father flip his life round and transfer him out of homelessness – however that likelihood had been now taken from him.
“No one should have to go through something like this,” Elliot Hourihane, who’s now in his 20s, mentioned.
In a sufferer influence assertion offered by Timothy Hourihane’s brother, Denis, which was additionally learn in to the document by Ms Lankford, Denis Hourihane informed how his “life sentence” started the second he was requested to determine his brother.
He mentioned the sight of his brother’s battered and bruised physique contained in the morgue will “live with me forever” and that he “cannot imagine” how a lot his sibling will need to have suffered on the evening he was killed “in the most brutal way”.
Earlier on the similar listening to, Detective Sergeant James Buckley informed Ms Lankford that the tented village the place the deadly assault came about was an “area frequented by people addicted to alcohol and drugs”.
Det Sgt Buckley mentioned witnesses informed gardaí they’d seen Mr Hourihane being “set upon” by one male whereas one other was being held again.
“Timothy Hourihane is then severely assaulted, and suffers head trauma,” he mentioned.
The emergency companies have been known as after passers-by got here to Mr Hourihane’s help and he was taken to Cork University Hospital the place he died a short while later from his accidents.
Vincent Heneghan SC, defending, informed the court docket that the accused had identified the deceased for 9 years and had expressed regret for his actions.
Mr Heneghan mentioned his shopper had been dwelling “a chaotic lifestyle” on the time of the offence and that he now “prays everyday” for his sufferer.