A Waterford man was yesterday found not guilty of murder but guilty of the manslaughter of a man stabbed in the heart as he lay on a sofa.
A jury of six women and six men accepted the defence case that Francis Hogan (35) lost control after being taunted with reminders of the physical and sexual abuse he endured at a Christian Brothers' school. Hogan pleaded not guilty to the murder of Mr Seamus Tubbritt (39), formerly of Pearse Park, Waterford, on December 9th, 1997, at the house at Ardmore Park, Ballybeg, Waterford, in which Hogan was a lodger.
He admitted the stabbing but denied any intention to kill or cause serious injury.
The trial judge, Mr Justice Carney, told the jury that at the very minimum, Hogan was guilty of manslaughter. He directed that the only defence open to them to consider was that of provocation.
During the three-day trial in the Central Criminal Court, Hogan said the stabbing had been provoked by remarks made by Mr Tubbritt about a special school he attended. The jury heard that from the age of eight until he left St Joseph's, Fairyhouse, Clonmel, Hogan was physically and sexually abused by a Christian Brother.
Hogan told the jury that during a "screaming match" which followed a drinking session in the house, Mr Tubbritt shouted: "Look at you, you ended up in the school in Clonmel, and look what a fine thing you turned out to be."
Hogan said: "That basically just touched a nerve in me where I don't want to go myself to think about".
He said he "snapped", picked up a small kitchen knife on a table and stabbed Mr Tubbritt. The victim died from a haemorrhage caused by a single stab wound to the heart.
The prosecution, led by Mr Gregory Murphy SC, said Hogan disliked Mr Tubbritt and resented his presence in the house.
A witness, Ms Bridget Walsh, who was a tenant in the house, told the jury she had gone to bed on the night of the stabbing after covering Mr Tubbritt with a duvet as he lay dozing on the couch.
Her parents, Kathleen and Sonny Walsh, had testified that Hogan pulled a knife on Mr Walsh when he offered to walk Hogan home hours before the attack.
But Mr Anthony Sammon SC, defending, said the prosecution had not proven Mr Tubbritt was asleep when Hogan stabbed him.
He asked the jury to consider Hogan's "fragility" at the time of the stabbing. He had been drinking, he was upset, Mr Tubbritt was "getting at him about Clonmel", and by doing so he was "pressing the button of an explosive device in this man's mind".
The jury returned its unanimous verdict almost 90 minutes after they retired, shortly before 3 p.m.
Eight of Mr Tubbritt's relatives were present in court when the verdict was announced. Hogan was remanded in custody for sentencing on October 8th.