An Englishman who shot his estranged wife because he would not accept a separation from her has been remanded in custody for sentence by the Central Criminal Court. David Kenyon (49), originally from Devon and with an address at Carrigans Upper, Ballymore, Co Sligo, pleaded guilty to the attempted murder of his wife on October 7th, 1996.
The court was told that letters recovered after the shooting indicated he might have planned to kill his wife and then commit suicide.
While in custody he has continued to write to her, both asking her to come back to him and threatening her. Two emotional love poems he wrote to her were also presented to the court.
Ms Patricia Kenyon told the court she believed he would kill her if released. She lived in fear of that.
Ms Kenyon (34) had her spleen removed after she was hit in the chest, abdomen and arm by bullets from his legally-held .22 semiautomatic rifle. She said she would be on medication for the rest of her life.
She told Mr Justice Geoghegan her husband still believed they could get back together again, but that was not going to happen.
Mr Justice Geoghegan adjourned sentencing until July 23rd next, when the provisions of the Criminal Justice Act 1997 abolishing penal servitude will have come into force.
Penal servitude sentences could not be backdated or suspended, even in part. Terms of imprisonment will now be substituted in all cases where penal servitude had been laid down.
Ms Maureen Clark SC (with Mr Eanna Mulloy), prosecuting, said the Kenyons were both English and married 11 years ago. Ms Kenyon's family originated in Sligo and the couple went there to open a restaurant. They had differences and Ms Kenyon moved out.
The accused tried to persuade her to come back and suggested counselling. Both attended a session which was unsuccessful.
Ms Clark said the accused asked his wife to come to their house to discuss some papers concerning it. She saw him remove his gun from the car boot. He told her had been out shooting.
He left it near the bathroom but shortly afterwards he made movements as if he was about to use it. She struggled with him and a shot rang out.
It severed the electric cable and all lights went out. She used the cover of darkness to escape into another room and closed the door on him. He threatened to shoot her through it.
Ms Clark said the victim tried to escape through a window but Kenyon broke into the room and she heard four shots. She was hit in the chest, arm and abdomen, suffering a lacerated spleen and pancreas.
Kenyon contacted the gardai, telling them he had shot his wife.
Sgt Thomas Kerins said Kenyon told his wife before the shooting there was one bullet for her and one for himself. He also showed her three bullet holes he had put through her likeness in a framed photograph of them.
Kenyon just could not accept the separation. Letters dated September 26th, 1996, and recovered after the shooting suggested he intended killing her and committing suicide.
He seemed to be jealous of her success in starting and running a restaurant on her own.
Sgt Kerins said Kenyon had prepared two notices concerning her restaurant on his word processor. One of these promoted it and the second one was intended to destroy it.
While Kenyon had been fully co-operative with gardai after his arrest, he still spoke of what he done with some degree of justification. There was this double approach by him generally.
Sgt Kerins agreed with Mr Patrick MacEntee SC (with Ms Isobel Kennedy), defending, that the nub of the problem was Kenyon's inability to accept the separation.
The sergeant agreed with Mr MacEntee that the defendant had never shown physical violence to his wife before the shooting. He was very relieved when told she had not died.
A clinical psychiatrist, Dr Damian Mohan, said he believed Kenyon needed at least three months in-hospital psychiatric and psychological assessment. He had interviewed him in depth for five hours and found he tended to hold ideas firmly without letting reality invade his thought.
The assessment would be successful only if Kenyon indicated a willingness to engage.