An “institutionalised” prisoner who was convicted of murdering a fellow inmate by luring him to a cell, knocking him to the ground and stamping on his head in a “vicious and unprovoked” assault, has been given a life sentence.
Passing sentence on repeat offender David Dunne (40) on Monday, Ms Justice Mary Ellen Ring noted that “no explanation for the decision to kill Robert O’Connor has ever been proffered” and that the “violence was totally unwarranted”.
At his trial in the Central Criminal Court last month, David Dunne, with a last address in Summerhill, Dublin 1, pleaded not guilty to the murder of Mr O’Connor (34) on July 29th, 2022, at Mountjoy Prison, North Circular Road, Dublin 7. A jury, however, took less than three hours to unanimously convict him.
The prosecution case was that CCTV footage played in evidence during the trial showed Dunne luring the victim into his cell. The prison officer on duty at the time said he heard a yell followed by a cry of “no, no”, which was followed by silence. He gave evidence that he saw Dunne stamp on the victim’s head more than once.
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Prison officers called an ambulance which brought Mr O’Connor to the Mater Hospital, where he was put on life support. He did not regain consciousness and was pronounced dead three days later.
The court heard that David Dunne has amassed 123 convictions since 1998. At the time of the killing, he was serving a four-and-a-half year sentence for robbery and other offences.
Miska Hanahoe BL, for the defendant, told the court that Dunne was placed in State care when was a very young child, had been in and out of care his whole life and was now institutionalised. She added that Dunne “wants to make clear that he accepts he is responsible for Robert’s death but that he did not intend to kill him”.
Ms Hanahoe asked if Dunne could serve his sentence in Dublin as his mother was unwell and unable to travel to visit him.
Passing sentence, Ms Justice Ring noted that Dunne had had a long and difficult life. She imposed the mandatory life sentence for the murder of Mr O’Connor, adding that the victim’s family will “serve their own life sentence” due to Dunne’s crime.
[ Mountjoy prisoner ‘lured’ fellow inmate to cell and murdered himOpens in new window ]
“When violence takes a child from a parent, no explanation is enough. Robert O’Connor was in prison to pay his debt to society. David Dunne took his right to life away,” Ms Justice Ring said.
Ms Justice Ring noted that the family’s selfless decision to donate Mr O’Connor’s organs speaks about the kind of person he was, noting that it provided some comfort to his family to know that part of him lives on though others.
The judge also noted that Dunne’s mother had previously said that if help was not given to her son, there would be dire consequences, but now it was Mr O’Connor and his family who have paid the price. She said Mr O’Connor’s family were totally innocent in this “sad, sad, sorry event”.
Ms Justice Ring said she would impose the life sentence from the date Dunne went into custody on this matter on September 1st, 2023, and wished the victim’s family well as they go forward.
A victim impact statement on behalf of the victim’s sister Kylie Kinahan was read out by prosecuting counsel, Michael Delaney, SC.
Ms Kinahan said the sight of her “baby brother” lifeless in the Mater hospital still haunts her and described how she suffered nightmares knowing how he ended up in ICU. She described watching CCTV footage of her brother walking and acting normal before he went into the cell where he was killed, and how she wanted to “jump into the screen” and tell him to run but she couldn’t.
The deceased’s father Leo O’Connor described how as a child, Robert used to love fishing and family picnics in St Anne’s Park in Dublin and how much he loved horses as a child. He said he still talks to Robert every day, looking at his photograph from when he gets up with a morning cup of coffee.
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