A judge has adjourned the sentencing of a deaf and mute man for the manslaughter of another man who was crushed under a bus in order to establish if a treatment programme or prison environment based on sign language could be found for him.
In May, a Dublin Circuit Criminal Court jury found Edward Connors (30) guilty following an eight-day manslaughter trial.
Eoghan Dudley (28) died almost instantly from "catastrophic and traumatic injuries" after going under the rear wheel of the bus on Dawson Street during rush-hour traffic on December 6th, 2012.
Connors, of no fixed abode and formerly of Bearna Park, Sandyford, admitted interacting with Mr Dudley at the time of his death.
But he claimed that what looked like a punch on CCTV footage is actually him trying to grab Mr Dudley to stop him falling off the path and going under the bus.
He had pleaded not guilty to unlawfully killing Mr Dudley. Connors, who is deaf and who cannot speak, also pleaded guilty to two counts of using a syringe to cause injury or threaten to cause injury at Balally Shopping Centre, Sandyford on May 17th, 2012 and at Lotts Lane on August 18th, 2012.
Judge Patrick McCartan indicated back in June that Connors might not be imprisoned unless and suitable place was found for him and today he again adjourned sentencing.
He said when the case came back before him in December, he was hopeful there would be indications from representatives for the Government or the UK authorities on the provision of appropriate non-custodial or prison settings. Hard decision In the absence of that, he would make the "hard decision" to send Connors to prison even though it would mean "double imprisonment", both in a jail and within himself because he could not communicate with those around him.
“The authorities cannot say they are not aware now,” said Judge McCartan of how the State might respond before the matter comes before him.
At the sentencing hearing today, Dr Margaret de Feu, a consultant psychiatrist who specialises in treating people who are deaf, said if Connors were before the courts in the UK he would be assessed fully pre-trial, with his disabilities at the centre of the approach taken to him. And if he were eventually imprisoned, there were a range of prison settings where a sign language environment was in place.
Judge McCartan said if a similar custodial or treatment environment could be found for Mr Connors, it would be a “huge step forward for him”.
Judge McCartan said when considering sentence on December 9th next, he would also like to hear evidence as to how Connors was coping in whatever prison he was in at that time.
