A MUGGER who killed an 86 year old man at his wife's graveside in Glasnevin Cemetery, Dublin, has been sentenced to eight years penal servitude by Judge Cyril Kelly.
Mr Thomas Gerard Forman, a retired auctioneer, died after hitting his head on the ground beside his wife's grave as Wayne Kinsella demanded money from him.
Mr Forman had visited Glasnevin every Saturday since his wife's death 21 years ago, Dublin Circuit Criminal Court heard.
Kinsella (20), of Abbotstown Drive, Dublin 11, pleaded guilty to the unlawful killing (manslaughter) of Mr Forman on September 23rd, 1995.
Prosecuting counsel, Mr Gregory Murphy SC (with Mr Paul Coffey), said Mr Forman was "set upon by Kinsella with intent to rob". Kinsella then went to a florist's shop and arranged to have an ambulance called. Mr Forman was taken to Beaumont Hospital where he was pronounced dead.
Kinsella apologised to his victim's family in a statement he made voluntarily to gardai on November 14th, 1995, and in a letter to Judge Kelly.
"The least they deserve is my apology," he said in the statement, which was described by Mr Murphy as "less than frank" and "self serving".
Judge Kelly said the case in many ways encapsulated a host of the problems facing our society". The defendant had smoked hash and taken acid when he was 12. His need for money to subsidise his drug habit caused him to commit his offence.
He directed that Kinsella get all the professional help required to help his rehabilitation. "Unless this man is psychiatrically and psychologically treated while in custody he will remain a danger to society," he said.
Judge Kelly noted that in his letter to him Kinsella asked to be sent to Arbour Hill Prison because the availability of drugs in Mountjoy would prevent him trying to get away from drugs.
"I accept the truth of his statement. It is clear from the evidence coming before this court that senior criminals in Mountjoy are providing drugs on credit to younger prisoners, and in this way are perpetuating the crime ring," said Judge Kelly.
Kinsella was also jailed earlier this month by Judge Kelly for 4 1/2 years for robbing three bus drivers at knife point. He was jailed in 1990 for four years for robbing an elderly woman.
The woman later became ill and died, but this was not caused by the robbery, Det Sgt Timothy Daly said.
In his statement, Kinsella claimed he went to the cemetery to search for his grandfather's grave but didn't find it. He saw Mr Forman with flowers in his hand and went to him demanding money.
"I pushed him and he fell back. I didn't mean it. He hit his head off the side of the grave and I heard him make a moan. I put my hand in his pocket to find a handkerchief. There was blood everywhere," he said.
Kinsella described running to the flower shop and waited until the girl telephoned for an ambulance. He went off then to "cool his nerves" by drinking some pints in a pub.
He then went to another pub with his brother, who noted he was very quiet. "My nerves were gone. I was in bits. I was just sticking the pints into me," he said in his statement.
When his brother asked him what was wrong, Kinsella said he replied he had girlfriend trouble.
Det Sgt Daly said Mr Forman was an active man who was treasurer of the "43 Club", a group of singers. He was in perfect health.
Del Sgt Daly agreed with defence counsel, Mr Barry White SC (with Mr Brendan Grehan), that there was no forensic evidence available to link Kinsella to the assault.
He agreed the only evidence before the court was Kinsella's own inculpatory statement, but said the gardai had been hopeful of solving the crime. Kinsella had been questioned twice before he made his statement and forensic evidence collected had contradicted claims he made.
Mr White said his client's statement showed he was not a callous, cold individual. There was evidence from the florist that he insisted on the ambulance being called and was agitated and sighing nervously.