A YOUNG man told gardai he started a fire in a Dublin flat which caused the deaths of a man and his heavily pregnant girlfriend, the Central Criminal Court has been told.
Gerard Kavanagh (30) and his girlfriend Mary Core (29) died of smoke inhalation after their flat above Thrifty's shop at Decies Road, Ballyfermot, was set on fire by Anthony Locke on February 18th, 1995. Ms Core was 36 weeks pregnant at the time and was delivered of a stillborn boy by caesarean section after the fire, the court was told yesterday.
The couple had moved into the flat the previous day and were on the threshold of a new life together, the court was told. But their first night in their new home was their last.
In a statement to gardai, Locke admitted "flicking matches everywhere" after he broke into the premises with the intent of robbing the shop.
"I swear to God I didn't see anyone in that flat," he told gardai. "If I had known I would have dragged them out. I didn't break into shops to kill people."
Mr Patrick MacEntee SC, for Locke, said his client wanted to express his sincere remorse.
Ms Llna Ni Raifeartaigh BL, prosecuting, said Locke (19), of Ramillies Road, Ballyfermot, had pleaded guilty to the manslaughter of Mr Kavanagh and Ms Core and also to separate charges at a Central Criminal Court hearing last November.
He further pleaded guilty to separate charges of arson at a Dublin Corporation house and at a maintenance depot at Garrowen Road on January 20th, 1994, and on September 27th, 1994. In the first fire, damage of £5,900 was caused while the second incident caused £5,600 worth of damages.
He also admitted damaging O'Brien's shop at Chapelizod by setting it on fire on April 29th, 1991. The court was told the shop was not insured and the owner lost the contents and premises. Damage of £60,000 was caused.
Locke was due to be sentenced yesterday but Mrs Justice McGuinness consented to a defence application to adjourn sentence to allow a full picture of Locke's psychological and psychiatric health emerge.
The judge said she wanted to make it clear that Locke could not expect a light sentence in the "extraordinarily tragic" case. She remanded him in custody to February 18th, 1998, and expressed the hope that he might remain in Arbour Hill Prison where he was reported to be making progress.
The court was told that Locke was under protection in prison.
Ms Ni Raifeartaigh said the case was particularly tragic". The couple moved into the flat above Thrifty's shop on February 17th, 1995.
Early on February 18th, neighbours heard an alarm and alerted the emergency services who went to the flat and removed the bodies of Ms Core and Mr Kavanagh.
Det Sgt Gabriel O'Gara said Locke was arrested on March 4th, 1995, in relation to another matter which had been dealt with by the courts. He subsequently made a number of statements.
In his first statement, Locke admitted breaking into the flat above Thrifty's but made no reference to setting a fire, the witness said. In his second statement, Locke repeated his evidence in relation to how he broke into the premises by removing tiles and putting his foot through the roof felt and landing in the kitchen.
In that same statement, Locke said he had matches with him when he broke into the premises and lit some of these to see. He said there was a mattress up against a wall in a room. He spoke of dropping four or five lighted matches on the carpet and of "flicking matches everywhere".
He said: "The mattress caught fire. I tried to put the fire out but I couldn't.
Locke told gardai he heard people had died in the flat when his mother told him the following day. He said: "I'm in bits since then. I was going to kill myself."
In another statement, Locke told gardai he threw a lit cigarette into a pile of newspapers at the back of O'Brien's shop in Chapelizod in 1991 after he and another man had tried unsuccessfully to break into the premises. He said he didn't mean to burn the shop and it was "an accident".
The court also heard Locke admitted to setting a fire at a Dublin Corporation maintenance depot at Garrowen Road.
Det O'Gara said was Locke was one of a large family. Before the present offences he had received the Probation Act for an offence under the Larceny Act. He had admitted two other larceny matters while in detention for the offences before the court.
Del O'Gara agreed with Mr MacEntee that Locke, after an initial attempt at self protection, had made full statements to gardai. He agreed Locke was moved to the Central Mental Hospital for a time because of his distress and remorse, and agreed Locke was on the borderline of mental competency. He had left school illiterate and had taken on a number of jobs, including mowing lawns.
Mr MacEntee said the probation report found that Locke had a touching history and was happiest when with plants and animals and helping elderly people, who were very fond of him. Side by side with that was "a morbid fascination" with fire and this was "a very dangerous mixture" when coupled with Locke's lack of insight into his behaviour.
The probation services had found Locke did quite well in Arbour Hill Prison, where he remained, counsel added. While a psychiatrist had felt he was not a pyromaniac, Mr MacEntee said there was material that would lead to concern in that area.
Mrs Justice McGuinness said it appeared Locke had little insight into the whole problem of fire setting. She said the court had to take into account the relatives of the victims in the "exceptionally tragic" cases.
Two young people had been setting out on a life together and no one could but be moved by their untimely deaths and the death of their unfortunate unborn child. The description of that was "horrific", she said.
She said the State accepted Locke did not set out to murder and was unaware the couple were in the flat. But he had set out with the purpose of larceny and was "careless and reckless" in regard to setting fire to things and appeared to get a sense of power and almost delight out of setting fires.
The judge said that irrespective of the difficulties in Locke's background, this was a crime which would have to be punished with "a heavy custodial sentence".
She said she would defer sentence with liberty for both sides to apply to be heard if the situation changed.