Student jailed for conspiracy to assault

Victim stabbed to death after being set up for a beating

Victim stabbed to death after being set up for a beating

A STUDENT has been jailed for three years for conspiring to harm a teenager, who was later stabbed to death by another teenager, in June 2009, in Killarney, Co Kerry.

Martin Ollo (19), who is originally from Estonia but who has been living in Killarney for 10 years, had pleaded not guilty to two counts of conspiring with Shane Regan, Dromkerry, Fossa, Killarney, to assault Stephen Lyne causing him harm in June 2009.

Mr Lyne’s body was found on a grass margin yards from his home at Ross Road at about 1.30am on June 18th, 2009, by teenagers in a car on their way to Ross Castle.

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Mr Lyne’s father Denis also came upon the scene of his son lying dead and ambulance lights flashing. He had been stabbed in the back.

From the outset the trial was told that it was Regan (then 17), who had stabbed Mr Lyne in the belief he had raped girls, including his girlfriend at the time, Jessica Klok, the previous bank holiday weekend in the Demesne.

That false rape allegation was only recanted by Ms Klok during the course of the trial.

Regan, a distant cousin of Mr Lyne, died himself in August 2010 in a fall down a set of stairs in Tralee.

He had never been charged in connection with the killing.

Ollo never knew Regan had a knife, the prosecution accepted, and his role was “to lure” Lyne to be beaten, in revenge for the false rumour, the trial was told.

Three weeks ago, after a trial which lasted two weeks and heard from 66 witnesses, a jury of six men and six women found Ollo guilty of the first conspiracy count but not guilty of the second.

Ollo had no previous convictions. He had left school before completing his Junior Cert but had returned to education. He had managed to gain entry to a third-level course and was studying for a degree in computer science, the court was told.

Ollo, Mr Lyne, Regan and others were part of a large group of teenagers of the same age hanging around together, socialising a lot, smoking cannabis and drinking while under age during the early summer of 2009, the trial was told. In some cases “trading” cannabis was involved, said John O’Sullivan, defending.

There had been disputes and threats and rumours over money owed for drugs among the teenagers, of underage drinking, cannabis being smoked and rumours circulating about alleged rapes, particularly since the previous fine bank holiday weekend in the Demesne area of Killarney.

Judge Carroll Moran had deferred sentencing overnight after an appeal by Mr O’Sullivan.

Handing down sentence yesterday, Judge Moran said: “Legitimately the point is made, the accused is the only person left to face the music in this awful experience in that the killer, Shane Regan, died in 2010.

“He had been willing to testify against Shane Regan had the latter not died and had he been prosecuted for a crime of homicide.”

The judge also noted how Ollo had been subjected to physical attacks by others “as a result of this tragic incident”.

However, he said the gravity of the offence could not be underestimated and dictated a prison sentence, even though he was not responsible directly for Mr Lyne’s death .

“Independent of the level of culpability of the accused,” the judge said it was only right he offered condolences to the Lyne family. “Stephen has lost his life in a needless attack consequent to an allegation of which he was completely innocent – insofar as that was an excuse for what happened.”

At a press conference on the steps of the courthouse yesterday, Lotte Lyne said her son’s name had been vindicated and “to a certain extent”, justice had been done.

“He was a loyal and trusting son, who never believed evil of anyone and the family were setting up a foundation in his memory.

“He was an honest and loyal young man in the prime of his life who saw no evil in anyone and trusted people without judgment.”

Ms Lyne said she had no ill-feeling towards Ollo, who had expressed remorse during the trial although not directly to the family.