Two men who admitted killing were sentenced to five-year suspended sentences for manslaughter last night.
In the Central Criminal Court, Mr Justice Diarmuid O'Donovan said that, "rightly or wrongly", he was going to suspend the sentences, because the two men posed no threat to anyone, had suffered greatly for their crime and had shown genuine remorse. The judge said he was sure he would be criticised by many for his decision, but he said a custodial sentence would only "exacerbate" an already bad situation.
The judge said the two men were of "exemplary character" and "at the time, were living an alternative lifestyle in a community of peaceful and constructive people". Up until the tragic events of October 6th, 1998, "they were pillars of the community in which they had chosen to live", he said.
Andrew Gordon Roche (37), a father-of-four, with an address in Drumlease, Dromohair, Co Leitrim, and Keith Cooper (25), a father-of-three with an address at Gortimar, Manorhamilton, were initially charged with murder along with a third man, Martin Francis Barber (33), a father-of-one with an address at Boihy, Manorhamilton.
However, before their trial in June, they successfully entered pleas of guilty to the manslaughter of Elliott Colin Double, otherwise known as Elliott Robertson, at a New Age traveller campsite on the mountainside at Boihy, Co Leitrim, on October 6th, 1998.
In August, Martin Francis Barber was found dead at the campsite. Yesterday, Mr Justice Diarmuid O'Donovan said he was satisfied Barber's suicide was "a direct consequence of what happened on October 6th, 1998."
"He apparently took his own life because he could not live with the fact that he had to some extent been involved in the death of Mr Robertson", he said.
The court heard the killing arose from a dispute between long-term New Age travellers at Boihy, and casual criminals who had arrived at the site.
The New Age travellers, some of whom had children, were concerned the new arrivals were involved in crime locally, including burglaries, were dumping rubbish and syringes, and were ramming cars and driving at high speeds.
The deceased, Mr Robertson, had aligned himself with the new arrivals.
Mr Justice O'Donovan said that in light of the post-mortem report, "one could not but conclude but that the late Mr Robertson had been the victim of a vicious assault, and a sustained assault, and viewed in isolation it would be very difficult to justify anything other than a custodial sentence". But he said the beating could not be viewed in isolation. It had to be viewed together with the "critical circumstances" surrounding it.
The attack was unplanned, the deceased was the aggressor, he had drink taken, and he had struck the first blow.