A Wexford man who stabbed his sister's boyfriend to death in a vicious row, during which part of the accused's ear was bitten off, has been found not guilty of murder but guilty of manslaughter.
Nicholas Donnelly (29), Talbot Green, Wexford, had pleaded not guilty to the murder of Gordon Farrell (20) at a house at Bernadette Place in the town early on September 23rd, 2001.
However Donnelly admitted to gardaí he killed Mr Farrell after he said he began fighting with his sister Michelle Donnelly and had moved to throw a coffee table at her. Mr Farrell was stabbed 10 times and died as a result of a stab wound to the heart.
He was released on bail, after his counsel Anthony Salmon SC asked for time to prepare reports in relation to Donnelly's drug and alcohol addiction.He will be sentenced on March 7th next year. Bail had been opposed by gardaí.
Donnelly had previously been convicted of the murder of Mr Farrell, although this was overturned by the Court of Criminal Appeal in February this year, which ruled the original trial judge had erred in law by refusing to allow the defence of self-defence to go to the jury.
The incident started after the couple had returned after drinking at a pub in Wexford town with Donnelly. There was no trouble immediately but a short time later Mr Farrell began arguing with Ms Donnelly.
Mr Farrell allegedly picked up a coffee table and looked like he was about to throw it at her.
Her brother said he had a knife in his hand, which he was using to cut up hash, and he got into a fight with Mr Farrell whom he stabbed 10 times. He claimed the first injury occurred after Mr Farrell fell on top of him on to the sofa and that the rest of the injuries were inflicted after Mr Farrell bit down on his ear.
A portion of Mr Donnelly's ear containing three earrings was found lying between Mr Farrell's legs by the State Pathologist, Dr Marie Cassidy.
During the trial, Michelle Donnelly gave evidence that her relationship with Mr Farrell had been "kind of up and down" in the week prior to the incident.
She said Mr Farrell had been to the dentist earlier that week and had had a tooth extracted the previous day. He was in some pain and later got painkillers from a doctor. The couple went to the pub with Donnelly.
Ms Donnelly said her boyfriend had quite a lot to drink "because he thought the drink would take away the pain in his mouth".
When they returned to the house, they sent two baby-sitters, both aged 13, a 16-year-old and an eight-year-old upstairs with the couple's two-year-old daughter.
Later, she said, "Gordon was looking for his drugs and he just started shouting at me because I wouldn't give them to him".
She said he wanted his cannabis and some Valium that she had and he became abusive and "started firing stuff a me".
Ms Donnelly said Mr Farrell "fired a pint glass and was screaming and shouting". He then picked up a coffee table and held it above her, which was when the fatal fight began.
Mr Justice Barry White released Donnelly on continuing bail on condition that he signs on twice weekly at his local Garda station and observes a night time curfew.
He said this was only to assist the defence in the preparation of reports and did not mean that Donnelly would not be serving a custodial sentence.
He would take into account the 11 months that Donnelly had already served in relation to the crime at next year's sentence hearing.
Det Sgt Ken Piper, Wexford Garda station, had earlier given evidence in which he opposed bail.
He said Donnelly was still abusing drugs and drinking a lot. He had come to the attention of gardaí at least once since being released by the Court of Criminal Appeal.