Prosecution in John Kenny manslaughter case withdraws charge

The trial of a Romanian man charged with the manslaughter of schoolteacher John Kenny in his Co Galway pub in 2011 ended abruptly when the prosecution withdrew the charge.

Marian Lingurar (37), with a former address at 29 Orchard Court, Blackpool, Cork, had earlier denied the unlawful killing of Mr Kenny at his pub on Main Street, Oughterard, on September 25th, 2011.

The prosecution entered a nolle prosequi in the manslaughter charge after accepting a plea to a lesser charge against the accused of withholding information during the Garda investigation into Mr Kenny’s death.

Shane Costello SC, opened the prosecution case to the jury of six women and six men. He said evidence in the case was circumstantial, as there were no independent witnesses, but the State believed that the accused was part of a group of people who set about robbing Mr Kenny in his pub that night.

Mr Costello said the accused drove three other people from Galway to the public house and back again that night. Among the people he drove was Florin Fitzpatrick, along with a juvenile and a third man, named Vasile Muntean.

“They all went [to the pub] with the intention of robbing Mr Kenny. The allegation is that the accused drove these men to the premises from Galway and back. Florin was working behind the bar while the juvenile was doing security at the door.

“At some stage the accused drove Vasile Muntean to the pub and all four were there after the pub closed,” Mr Costello said.

‘Active participant’

Mr Costello said that while the prosecution could not prove Mr Lingurar took part in the robbery, he did participate in the crime by driving the others to and from the premises, and was as liable and as culpable as the others.

“It cannot be proved who caused the death, but [Mr Lingurar] was an active participant in the robbery that night,” Mr Costello told the jury.

“He actively participated in the robbery of the pub and of Mr Kenny and he is liable for the death of Mr Kenny.”

However, shortly afterwards, Mr Costello told Judge Rory McCabe that the prosecution was not proceeding with the manslaughter charge and that the accused could be arraigned on a second charge of withholding information.

Mr Lingurar then pleaded guilty to withholding information from gardaí which would assist in the apprehension and subsequent prosecution of another person in connection with the death of Mr Kenny.

Mr Costello said that plea was acceptable to the prosecution and he entered a nolle prosequi in relation to the manslaughter charge.

The judge discharged the jury and adjourned sentencing in the matter to April 30th, to allow Mr Kenny’s family time to prepare victim impact statements which would be taken into consideration on that date.

The body of Mr Kenny, who was a teacher at Presentation College Athenry, was found the day after his death, on the floor of a room in his pub with his hands tied behind his back.

A postmortem showed his death was the result of an assault.