State fails to jail brother of Veronica Guerin killer
The State has failed in an attempt to review the nine-year suspended sentence handed down to a brother of Brian Meehan, the man serving life imprisonment for the murder of journalist Veronica Guerin.
Bradford Meehan (aged 38) walked free from court in October 2008 after sentences he received for a string of robberies, including three committed over the Christmas period in 2007, were suspended in their entirety.
Meehan, of Rath Gael Apartments, Clondalkin, had pleaded guilty to three counts relating to robbery at various addresses in Kimmage on dates between December 24 and December 26, 2007 and two counts relating to robbery and armed robbery at a shop on the South Circular Road in April 2008.
The Court of Criminal Appeal today ruled that although the sentence imposed by judge Frank O’Donnell was “extraordinarily” lenient, it was not unduly so.
Ms Elva Duffy BL, for the State, argued that by suspending the totality of the sentences, Judge O’Donnell had failed to give due balance to what amounted to violent offences.
Ms Duffy told the court that Meehan committed the robbery in April 2008 while on bail for the other Christmas offences and there was evidence he had lapsed in to reoffending while undergoing drug treatment in the past.
She said that the sentence imposed was “unduly lenient” and that there was need to underscore a deterrence factor in sentencing for such offences as committed by Meehan.
Counsel for the respondent, Mr Luigi Rea BL, told the court that Meehan “ticked all the boxes” necessary to qualify a defendant for the mercy shown by the trial judge.
Mr Rea said that Meehan, who has 34 previous convictions and a long history of heroin addiction, was firmly “on the road to reform and rehabilitation”.
Presiding judge Mr Justice Adrian Hardiman, sitting with Mr Justice Eamon deValera and Mr Justice Brian McGovern, said that the sentencing judge clearly had regard to Meehan’s plea of guilty and that he had become “something of a poster boy” for drug counselling services through his work with other addicts.
Mr Justice Hardiman said that a probation report demonstrated that Meehan had found gainful employment, had overcome his addiction and, through the forbearance of his partner, had come to live a stable life.
He said the court hoped Meehan was aware he would serve “every day” of the nine-year sentence imposed should he reoffend.
Mr Justice Hardiman said that the appeal court was not in a position to “second guess” the sentencing judge and accordingly dismissed the appeal.
