O'Donoghue four-year jail sentence is upheld

The student convicted of the manslaughter of his 11-year-old neighbour Robert Holohan today had his four-year sentence upheld at the Court of Criminal Appeal.

Wayne O'Donoghue at an earlier court appearance in Cork in 2005

The Director of Public Prosecutions appealed the leniency of the sentence handed down to Wayne O'Donoghue for the killing of in Middleton Co Cork in January 2005.

In today's 33-page judgment, Ms Justice Fidelma Macken, presiding, refused the application on all grounds the State was appealing.

Shane Murphy SC, for the DPP, had argued that trial judge Mr Justice Paul Carney had failed to take account a number of issues when imposing sentence in January of this year.

He argued that Mr Justice Carney failed to take into account the disparity in age between the two and that undue weight was given to O'Donoghue's guilty plea.

Mr Murphy said that evidence of a cover-up should have been taken into account as well as the fact that gardaí were close to an arrest before O'Donoghue's confession was made. He also said that the defendant had previously denied involvement in the case and the fact that the defendant had participated in searches and had tried to divert the Garda investigation should be considered.

However, in her judgment today Ms Justice Macken said: "The evidence in the trial tended to suggest that while there was a disparity in age, nevertheless the respondent and the young boy were in fact good friends, played together, and frequently were in and out of each other's houses."

Ms Justice Macken also referred to the impact statement which had been entered to the appeal court as a mitigating circumstance.

"The person who proposes making the statement should be warned by the sentencing judge that if in the course of making the statement in court they should depart in any material way from the content of the statement as submitted, they may be liable to be found to have been in contempt of court," she said.

"While great sympathy must undoubtedly exist for the person making the victim impact statement, every effort must be made to ensure that the statement is not used to undermine the proper role of the prosecution of the trial, nor to seek to place in the public domain unfounded or unproven allegations against a convicted person who is awaiting sentence."

Speaking outside the Four Court's in Dublin today Robert's mother Majella Holohan said she was very "upset" and "disappointed" with the decision.

Ms Holohan said: "Our thoughts are with Robert. Our thoughts are with our little beautiful little boy."

Wayne O'Donoghue's solicitor Frank Buttimer said O'Donoghue was "relieved" and expressed "gratitude to his family, his friends and all who have supported him and who continue to do so".

He added: "Wayne also wishes me to reiterate his deep sorrow for the tragic loss of Robert Holohan and he wishes me to express his ongoing sympathy to robert's parents, to Robert's family and to Robert's friends".

O'Donoghue (21) was sentenced earlier this year by Mr Justice Paul Carney for the manslaughter on January 4th, 2005 of Robert Holohan whose body was found dumped at Inch Strand near Midleton, Co Cork, on January 12th, 2005.