Wayne O'Donoghue is very concerned about his future and believes he may have to leave Ireland if he and his family are to have any sort of normal life upon his release next year, his solicitor, Frank Buttimer, said yesterday. Barry Rocheand Stephen Collinsreport.
Mr Buttimer said that Mr Justice Paul Carney was correct to identify the penalty that O'Donoghue would end up paying over comments made by Robert Holohan's mother Majella which had led to O'Donoghue being wrongly branded "a paedophile killer".
"Wayne and his family are very apprehensive about his impending release and I would say leaving the country is a distinct possibility for Wayne if he and his family are ever to try and have a normal, meaningful life again," said Mr Buttimer.
Mr Buttimer said O'Donoghue was experiencing "an extraordinarily difficult time" in the Midlands Prison, where he has been attacked, spat at and subjected to other abuse by other prisoners while serving the four-year term imposed for the manslaughter of Robert Holohan.
"He was given a four-year sentence by the courts but the reality is that the penalty goes beyond four years in that he will probably have to go abroad upon his release - it's unprecedented, really, but he's effectively being cast into outer darkness," said Mr Buttimer.
"He would love to go back home and back to college but he knows that's very unlikely, especially given the belief by some that serving his sentence isn't enough - it's like harking back to sending people to Van Diemen's Land - effectively, he's being sent into exile."
Meanwhile, solicitor for Majella Holohan, Ernest Cantillon yesterday strongly defended her against criticism by Mr Justice Carney over her mention of semen being found on her son's body in her victim impact statement.
He said "a touch of reality" was needed given Mr Justice Carney's portrayal of Wayne O'Donoghue in "exculpatory terms" and Mrs Holohan as "obsessive and involved in a coalition with the tabloid press in a conspiracy to frustrate the trial judge's sentencing objective".
"Wayne O'Donoghue is the killer of an innocent young boy. There were features in this case which Mrs Holohan alluded to in her victim impact statement which were matters of legitimate concern to her. If any mother became aware of these features, they would be of concern to her."
Meanwhile, Minister for Justice Brian Lenihan undertook yesterday to look at the rules governing victim impact statements in court to examine whether judges should be empowered to prevent publication of all or part of such statements.
He pointed out that the Balance in the Criminal Law Review Group had earlier this year recommended that the law be changed to allow judges prohibit the publication of statements they felt were inappropriate. He said this could be examined.