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Guilty of manslaughter of Waterford fisherman

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  • Registered Users Posts: 364 ✭✭NiceFella


    There is clearly a hell of a lot more to this story than someone breaking into someone's house for no reason.

    From reading a fair few comments online from supposed people who live in the area you get a very different side to it. According to them the defendant is a very volatile chap and went about in a gang causing trouble. They use a lot stronger language than that. Given the comment in the article saying he has a "moderate risk of re-offending" basically confirms the Guards knew this chap quite well.

    Then his witness mate has multiple convictions for robbery confirmed.

    Puts a completely different slant on it for me.



  • Registered Users Posts: 12,535 ✭✭✭✭Varik


    The witnesses was friends with the dead man. So whatever association you want to apply has a different target.

    He was in the car when his soon to be dead friend drunkenly crashed it into a pole and then both went to the house believing he'd damaged the wing mirror. That'd be the wing mirror of the car the drunk dead man crashed.



  • Registered Users Posts: 40,007 ✭✭✭✭Boggles


    The moderate risk of reoffending is from the probation services, it's based on the fact that he couldn't say how he could have came to an alternative approach that night.

    I suppose he could have taken his beaten by the coked up 6 foot 4 loon and hoped he survived.

    #hindsight.



  • Registered Users Posts: 16,615 ✭✭✭✭osarusan


    You would think that a jury would intuitively side with the guy whose home was broken into, so I wonder what the evidence was that convinced them the use of force was excessive, even if the defendant honestly believed it was necessary.



  • Registered Users Posts: 364 ✭✭NiceFella


    Ehh no that's not the witness I'm talking about. From the first trial, a chap called Dylan Jones who made a testimony for Kerrie pretty much saying it was kill or be killed on the night.

    This Dylan Jones chap has apparently multiple convictions for house robbery. Clearly not an upstanding witness.



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  • Registered Users Posts: 364 ✭✭NiceFella


    Would his past not inform this decision too? Surely it would. Well known to the Guards apparently as locals have said. Many people saying he was terrorising the area, and the guards failed to deal with him.



  • Registered Users Posts: 40,007 ✭✭✭✭Boggles


    Facebook?

    There was absolutely no mention of previous convictions in the trial or in sentencing.

    If you have actually tangible evidence to the contrary then by all means throw it up.

    IF not you just spreading unfounded idle gossip which has no basis in reality or the facts of what actually happened.

    The deceased crashed his car into a poll píssed and coked out of his head moments before he decided to smash up the house and assault and threaten to kill people.

    Doubt we were dealing with a harmless little lamb here.



  • Registered Users Posts: 40,007 ✭✭✭✭Boggles


    As opposed to the main witness for the prosecution who admitted drinking all day and actively participated in smashing up the house with golf clubs? 😂



  • Registered Users Posts: 6,649 ✭✭✭Feisar


    First they came for the socialists...



  • Registered Users Posts: 762 ✭✭✭starkid


    suuure. come back to us when an aggressor breaks into your house. people like you and the justice system in this state boil my blood.



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  • Registered Users Posts: 762 ✭✭✭starkid


    and leave his mother with him? you really haven't thought this through.



  • Registered Users Posts: 40,007 ✭✭✭✭Boggles


    There was only one person on trial, there was multiple victims.

    Unless you think people who get assaulted and have their private property smashed by up by drunken / drugged up thugs are not victims, if so you'll have to explain that one?

    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 6,283 ✭✭✭Jequ0n


    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 870 ✭✭✭DarkJager21


    Isn't lethal force acceptable when there's an immediate threat to life, i.e entering a bedroom? Sentence is ridiculous in this case and some of the comments on here about running out of the house to call gardai are laughable softie nonsense.

    If you break into someone's house and then enter a bedroom you should not expect to be leaving alive.



  • Registered Users Posts: 40,415 ✭✭✭✭ohnonotgmail




  • Registered Users Posts: 870 ✭✭✭DarkJager21


    Who's to say what's excessive? If a guy breaks in armed with a hammer and I have a knife, I'm not going to give him one poke of it and tell him to leave am I? I'm going to poke him repeatedly with it until he is no longer able to pose a threat.



  • Registered Users Posts: 1,130 ✭✭✭lmao10


    Was it just the one swing of the knife or multiple stab wounds? I feel for the lad, you don't know if someone is armed or whatever. The intruder could be a trained fighter or have something concealed. In Texas he would be legally allowed to shoot the lad.



  • Registered Users Posts: 40,415 ✭✭✭✭ohnonotgmail




  • Registered Users Posts: 12,535 ✭✭✭✭Varik


    The jury doesn't decide if it was excessive, they decide if you though it wasn't or not.



  • Registered Users Posts: 40,007 ✭✭✭✭Boggles


    Of course you can as long as the Jury do not deem it excessive.



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  • Registered Users Posts: 40,415 ✭✭✭✭ohnonotgmail


    if a jury does not deem it excessive then it wasn't excessive. i'm not sure why you think your post contradicts mine.



  • Registered Users Posts: 870 ✭✭✭DarkJager21


    The use of force shall not exclude the use of force causing death.

    So in circumstances where you have a genuine belief that the intruder is likely to cause injury or death to an occupant of the house, putting them down is a perfectly legitimate response. I'm baffled as to why this guy got jail time given the circumstances outlined



  • Registered Users Posts: 870 ✭✭✭DarkJager21


    Regardless of the background, you don't break in to someone's house and make your way to their bedroom to sort an arguement out.

    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 40,415 ✭✭✭✭ohnonotgmail


    no, there were three options put to the jury. They could decide the force used was objectively reasonable i.e. not excessive and find him not guilty. they could find the force was excessive but that he thought it was reasonable in which case he was guilty of manslaughter. they could find that he knew the force was excessive in which case he was guilty of murder

    The judge added: "If you find that in the circumstances faced by him, that he applied such force as was objectively reasonable in the circumstances, then he has acted in a lawful manner and is entitled to an acquittal."

    If he used excessive force but had an honest belief that the force he used was necessary then he is not guilty of murder but guilty of manslaughter, the judge said. He added: "If you find that the accused knew the force used was excessive, then you must find him guilty of murder."




  • Registered Users Posts: 40,415 ✭✭✭✭ohnonotgmail


    I never said it did. you are arguing against a point I didn't make.



  • Registered Users Posts: 364 ✭✭NiceFella


    Yes your right, I got it from Facebook, where people have their full identity on show and where they're from. Not reliable enough for you is it not? I must have read about 30 odd independent comments saying that Kerrie was a trouble maker in a gang. And in the small world of boards there are posters here in the apparent know of the full context of what went on.

    Also I didn't say he had previous convictions, but given the above I'm sure he has been complained about and was known by guards. Plus I said his mate Dylan Jones (the initial trial witness) who was there that night vouching for him had convictions for robbery!

    Do normal people hang about with house robbers?? Do you? I've a Funny feeling this chap was no angel by any stretch. I've lived in a lot rough areas growing and there are young lads that can make your life an absolute nightmare that the guards can essentially do nothing about.

    Not discounting what the deciesed had done. He should not have behaved that way. But a fuller context needs to be provided. If you are tormenting people you need to bear some responsibility imo.

    Post edited by NiceFella on


  • Registered Users Posts: 40,415 ✭✭✭✭ohnonotgmail


    does anybody have a decent account of where the incident took place? People are mentioning he was stabbed in a bedroom but the article in OP says he was stabbed in the hallway.



  • Registered Users Posts: 12,535 ✭✭✭✭Varik


    Except the law itself doesn't say that it's the **** judge saying it.

    If acting in self defence which they found then he was not guilty of an offense, it doesn't say then he's guilty of a lesser one.



  • Registered Users Posts: 6,649 ✭✭✭Feisar


    The thing is though, what qualifies them to decide if the force used is excessive. One does not survive a violent encounter by gradually escalating and seeing how the other party responds. Ya turn Turk and go balls out and hopefully you survive and to hell with the other lad.

    First they came for the socialists...



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  • Registered Users Posts: 583 ✭✭✭CrookedJack


    That is the judge's role - to interpret the law and explain it to the jury.

    Every judge in the country would have a more relevant view of the law than you, why do you think you're right and they are wrong?



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