A YOUNG Co Kildare man was jailed for life at the Central Criminal Court yesterday after he was convicted of the murder of his girlfriend, a mother of six.
Stephen Davis (20), of Clonmullin, Athy, Co Kildare, was found guilty of the murder of Mary Doogue (30), of the same address, in Athy on October 20th, 1995.
The State Pathologist, Dr John Harbison, told the 14 day trial that Ms Doogue died from delayed shock due to a combination of subdural haemorrhage, contusion of the larynx, dislocation of the right shoulder and rupture of the bladder.
He said she sustained numerous and severe injuries, which could only be explained by "a severe beating up accompanied by a most vicious sexual assault".
The jury retired at 12.30 pm. on Thursday and returned with its 11/1 majority decision at 3.25 p.m. yesterday, following deliberations of almost seven hours.
Davis stood impassively as the life sentence was imposed. His father, sisters and brother and other relatives sat behind him while sentence was passed. They had attended the entire 14 day trial. Members of Ms Doogues family wiped away tears.
Mr Justice Budd said he had no discretion in relation to the sentence. He had initially proposed to defer sentence to allow for the preparation of a victim impact report, assessing the impact on the bereaved family, and a probation report on the accused. However, Mr Barry White SC, for Davis, had asked him to fulfil his duty in the matter and impose sentence yesterday.
Mr White sought leave to appeal. He said the judge had erred in refusing to discharge the jury following publication of photographs of the accused in handcuffs in four newspapers - the Star, The Irish Times, Sunday Tribune and Carlow Nationalist - in the course of the trial.
He had also erred in law in admitting into evidence the third recorded interview with Davis and had failed to recharge the jury in relation to aspects of his charge objected to by the defence.
Mr Justice Budd refused leave to appeal. He repeated his concern about the media practice of publishing photographs of accused persons in handcuffs in the course of their trials.
In interviews with gardai, Davis, who was the father of Ms Doogue's youngest child, said he kicked her after he ran after her into convent grounds in Athy early on October 20th, 1995.
During the trial, Mr White applied twice for the jury to be discharged.
On the first occasion he applied for a discharge on the grounds that the Sunday Tribune had published a photograph of Davis in handcuffs and because an article about the trial described Ms, Doogue dying "in agony", which Mr White said was a judgment which was not for a reporter or sub editor, but the jury, to make.
He also expressed concern that the article was juxtaposed with another article which dealt with the issues of violence against women and equality.
In his second application, Mr White objected to a photograph in the Star newspaper which showed the accused in handcuffs.
A photograph of the accused in handcuffs which was published in The Irish Times was also commented on by the judge.