Man found guilty of manslaughter of sister's boyfriend
A Wexford man who stabbed his sister’s boyfriend to death in a vicious row, during which part of the accused’s ear was bitten off, has been found not guilty of murder but guilty of manslaughter.
The jury at the Central Criminal Court took over four and a half hours and had an overnight stay in a hotel before it reached its majority 10-2 verdict.
Nicholas Donnelly (aged 29) from Talbot Green in Wexford had pleaded not guilty to the murder of 20-year-old Gordon Farrell at a house at Bernadette Place in the town in the early hours of September 23, 2001.
However he admitted to gardaí that he killed Mr Farrell after he said the deceased man began fighting with his sister Michelle Donnelly and moved to throw a coffee table at her. The victim was stabbed ten times in the body and died as a result of a stab wound to the heart.
Donnelly breathed a sigh of relief and winked at his family as the verdict was read out. He was released on bail, after his counsel Mr Anthony Salmon SC asked for time to prepare reports in relation to Donnelly’s drug and alcohol addiction, and will be sentenced on March 7 next year. Bail had been opposed by gardaí.
Speaking outside the court Mr Farrell’s parents Michael and Margaret Farrell said they were disappointed with the verdict. "He’s a cold hearted killer and we will never forget what he did to Gordon," said Mrs Farrell.
Donnelly had previously been convicted of the murder of Mr Farrell, although this was overturned by the Court of Criminal Appeal in February this year, which ruled the original trial judge had erred in law by refusing to allow the defence of self defence to go to the jury.
Mrs Farrell said of the retrial: "We just had to go through it all again." In relation to prosecution evidence given by the Donnelly family about her son’s behaviour she said: "They have their idea of the story. It’s made up and a fairy tale and that’s it."
The trial judge Mr Justice Barry White expressed his sympathies to the Farrell family.
"It must have been hard to sit here and listen to your son described as somebody who could be quite abusive and you are left in a position where you cannot answer that allegation."
However, he said in law, evidence of the alleged violence was something the defence were entitled to lay before the jury.
Mr Farrell’s partner and the mother of his young daughter Michelle Donnelly said she had nothing to say following the verdict.
The incident started after the couple had returned after drinking at a pub in Wexford town with the accused.
There was no immediate trouble but a short time later Mr Farrell began arguing with Ms Donnelly and he allegedly picked up a coffee table and looked like he was about to throw it at her.
Her brother said he had a knife in his hand, which he was using to cut up "hash" and he got into a fight with Mr Farrell whom he stabbed ten times. He claimed the first injury occurred after Mr Farrell fell on top of him onto the sofa and that the rest of the injuries were inflicted after Mr Farrell bit down on his ear.
A portion of Nicholas Donnelly’s ear containing three earrings was found lying between the deceased legs by the State Pathologist Dr Marie Cassidy.
During the trial Michelle Donnelly gave evidence that her relationship with Mr Farrell had been "kind of up and down" in the week prior to the incident.
She said Mr Farrell had been to see the dentist earlier that week and had had a tooth extracted the previous day. He was in some pain and later got painkillers from a doctor.
The couple went to the pub with the accused and Ms Donnelly said that her boyfriend had quite a lot to drink "because he thought the drink would take away the pain in his mouth."
When the three returned to the house they sent two babysitters, both aged 13, a 16-year old and an eight-year-old upstairs with the couple’s daughter who was two at the time.
Later Ms Donnelly said: "Gordon was looking for his drugs and he just started shouting at me because I wouldn’t give them to him."
She said he wanted his cannabis and some Valium that she had.
She said he became abusive and "started firing stuff a me."
She said he "fired a pint glass and was screaming and shouting."
He then picked up a coffee table and held it above her, which was when the fatal fight began.
Mr Justice Barry White released Donnelly on continuing bail on condition that he sign on twice weekly at his local garda station and observed a night time curfew.
He said this was only to assist the defence in the preparation of reports and did not mean that Donnelly would not be serving a custodial sentence.
He said he would take into account the 11 months that Donnelly had already served in relation to the crime at next year’s sentence hearing.
Detective Sergeant Ken Piper from Wexford Garda Station had earlier given evidence in which he opposed bail.
He said Donnelly was still abusing drugs and drinking a lot and had come to the attention of the gardaí at least once since being released by the Court of Criminal Appeal.
