A Dublin man who stabbed his ex-girlfriend to death and seriously injured her mother has been convicted of murder and serious assault and jailed for life by a judge in the Central Criminal Court.
After a majority jury verdict, High Court judge Mr Justice White said he regretted his hands were tied on the sentencing and he had no choice but to deliver a life sentence. He "advised or directed" that the convicted man, Declan Burke, receive whatever psychiatric help was needed in whatever institution was appropriate.
Declan Burke (29), with a last address on the South Circular Road, Dublin, accepted he was responsible for the stabbing of his former partner, Ms Jennifer Wilkinson (24), at her home in the Rise, Boden Park, Ballyboden, Dublin on December 13th, 2000, and causing serious harm to her mother, Mrs Mary Wilkinson, (57), also by stabbing her. He had pleaded not guilty to two charges of murder and assault causing serious harm. His defence claimed insanity and/or that he lacked the intention to kill or seriously injure. He also claimed he had no memory of the moments during which the stabbings occurred.
The trial heard that Burke was in the psychiatric unit at St James's Hospital months before the stabbings and that by his own account, he had tried to commit suicide "around 50 or 60 times" in his life. In their childhood, he and his brother and sister had been seriously sexually abused by their father, a convicted abuser.
Declan Burke admitted taking a knife to the scene of the stabbings, along with cable ties and tape, but he claimed they were all implements to assist in his own suicide and that he just wanted to say goodbye to Jennifer first.
Burke is currently on anti-psychotic drugs and the court was told by Dr Draper that should his "coping mechanism" of denial ever break down, he would be in a "serious psychotic condition".
Mr Justice White imposed the mandatory sentence of life imprisonment for murder. He said: "Mr Burke, the sentence for murder is mandatory. My hands are tied, I have no discretion, and I must sentence you to life in prison.
"As regards matters, Mr Burke, your moments of anger on this particular night have undoubtedly blighted many lives. But I have no doubt by your conduct on the night, by coming forward in the early hours and giving yourself up to the gardaí, that you were motivated by remorse.
"I personally regret that my hands are tied on the issue of sentencing, because there are undoubtedly factors in your background and life that have played a major part in the events of the night."
The judge then acceded to a defence request to backdate sentencing to December 14th, 2000, when Burke was first charged. This would affect the date Burke could first apply to the Parole Board for release, his counsel, Mr Patrick MacEntee, said.
Mr Justice White continued: "I would also advise or direct that he receive whatever psychiatric assistance that is appropriate or necessary in whatever might be the appropriate or suitable institution in that regard."
In a previous incident in Spring 2000, Burke was said to have tried to drown his young daughter in a fish bowl. On the following day, when Jennifer Wilkinson told him what he had tried to do to their daughter, he hit her and smashed up her car. That led to the breakdown of their six-year relationship.