Clare man convicted of manslaughter

A MAN FROM Ennis, Co Clare, has been convicted of the manslaughter of a Traveller boy, Michael Doherty, in Ennis in June 2007.

At the Central Criminal Court sitting in Ennis yesterday, a majority 11-1 verdict found John McGovern (19), Ballyduff, Barefield, guilty of the manslaughter but not guilty of the murder of Michael Doherty (14), Ashline, Ennis, at O’Connell Street, Ennis, on June 23rd, 2007.

The jury of eight men and four women took more than three hours to reach its verdict.

In a packed courtroom, Mr Justice Paul Carney ordered that McGovern be remanded in custody for sentencing in Dublin on March 30th.

The jury also found that McGovern, who was 17 at the time of the killing, was guilty of producing a knife during the course of the fight. He was accompanied out of court by his father, local Garda John McGovern snr as Michael Doherty’s parents, John and Nora, looked on.

McGovern stabbed Michael Doherty during the course of a fight outside Supermac’s restaurant on a day of the Spancil Hill fair in June 2007. Shortly after the stabbing, the six-day murder trial heard that McGovern had told his friend, Kate McDaid, in a phone conversation: “He was a knacker, he deserved it.”

In a Garda interview the following day, McGovern said: “I don’t think I could have said that. No, I didn’t say that . . . I find that revolting and find it difficult that I could have said that.”

He told gardaí he was shocked he had pulled a knife on somebody and that he had taken out the knife to scare Michael Doherty and did not mean to make contact. He said he did not realise he had stabbed Michael.

McGovern – who has no previous convictions – told gardaí he received the Swiss army knife as a present from his grandparents.

In his closing speech, John O’Kelly for the State said the fight took a terrible and decisive turn for the worse when McGovern was knocked to the ground and took out a knife.

“He is full of anger. He very deliberately takes the knife out of his pocket and, despite being held back, he makes sure that he gets in a swing to land the killer blow.”

Mr O’Kelly said McGovern had shown not a shred of remorse after the attack.

In his closing speech, Patrick Gageby SC for McGovern said that “not within an inch could this be described as murder or culpable homicide”. He said there were many inconsistencies in the prosecution case and there was no intent by McGovern to kill or even cause serious harm when he swung out with the knife.

Mr Gageby cited the evidence of assistant State Pathologist Dr Michael Curtis, who told the jury that the fatal blow came about with a swinging motion using moderate force.