Suspended sentence for killing brother

CAROLINE BRENNAN, convicted of the unlawful killing of her brother at a party in December 2008, yesterday received a suspended jail term because the Director of Public Prosecutions had indicated, in “highly unusual” circumstances, that he would not appeal such a sentence.

Michael Brennan (22), died at the party in Castlecomer, Co Kilkenny, after his sister stabbed him in the heart and liver when a dispute erupted at the home of their since-deceased uncle, Ollie Nolan.

Brennan (19), formerly of Love Lane in Castlecomer, who now lives in Dublin, denied murdering her brother at Barrack Street in the town shortly after 3am on December 30th, 2008. A jury of nine women and three men on Tuesday evening found her not guilty of murder but guilty of manslaughter.

“My difficulty is that she equipped herself with a knife, and it is my experience that those who equip themselves with knives for their own protection tend to use them,” Mr Justice Paul Carney said.

“I find it very difficult not to impose a custodial sentence . . . but in light of the highly unusual circumstances of the case and the fact that the DPP has indicated that [he] would not take issue and appeal a suspended sentence, I impose a five-year suspended sentence.”

After sentencing, Kilkenny-based solicitor Michael Lanigan made a statement on behalf of the family.

“Caroline and the Brennan family recognise there are no winners in this case . . . they all feel a continuing loss,” he said. “Caroline, at this point, wants to thank her wonderful family and the [Byrne] family for all the support they have given her over the last year . . . thank you very much.”

Brennan had told investigating gardaí she had “put the knife in” her brother, and that he was always “at” her when they were growing up, her trial at the Central Criminal Court had heard.

Counsel for the prosecution John O’Kelly yesterday told Mr Justice Carney that Brennan went to a party at her uncle Ollie Nolan’s house and that Michael Brennan had been living there at the time.

“A lot of drink and a lot of drugs were involved,” said Mr O’Kelly.

Michael Brennan was acting in an “abusive manner”, and a “number of arguments” began at the house. He hit his girlfriend, Lisa Peagram, in the face and “she became extremely upset”.

Ms Peagram was comforted by Brennan, who told her she would take the upset woman to her home in Love Lane. However, when Brennan went into the house for Ms Peagram’s bag, an argument with her brother began.

Brennan had earlier had a row with her brother regarding his heroin use. During the later dispute, Michael Brennan prevented his sister from leaving the party.

During her trial, Brennan said she brought a knife to the party for her own “protection”. “Unfortunately . . . she took out a knife and struck him once,” said Mr O’Kelly. This was a “fatal blow”.

In his victim impact statement at the court yesterday, Brennan’s father Bill Brennan pleaded with Mr Justice Carney for leniency for his daughter, who “was never any trouble whatsoever”.

Mr Brennan said a number of deaths in the family, along with that of his son Michael, and the related trial, had all “affected the family” greatly.

“It all started in 2006 when my wife’s brother was burned to death in a mobile home. It had a very big impact on the family . . . things have gone downhill since.”

“I would appeal to you, judge, to give us a chance to take her home and get her through her education,” added Mr Brennan. He said that if Brennan were to walk from court, it would put an end to the family’s suffering.

The father of eight added: “It’s been a very, very rough four years for the family; it could all end here today.”

Garda Francis Dunphy, stationed at Castlecomer, said yesterday that Caroline Brennan and her family had been “very co-operative” with investigating gardaí before and during the trial.

Gerard Byrne, the father of Brennan’s boyfriend, Keith, yesterday said that Caroline had been living with them and working in the family business in Dublin for the past year. He said she had been “totally honest” with him regarding “every detail” of the killing.

“It is clear to me that not all kids are dealt the same hand,” said Mr Byrne. He said Brennan had to live in a house with a brother who was “brutal and violent”. He said the teenager had become a more “sociable and confident” person since she came to live with them in Dublin. “I cherish and love my family and if I did not believe in Caroline, she would not be part of it,” he added. He described her as a “loving and caring person”.

Mr Justice Carney adjourned sentencing for almost 30 minutes after Mr O’Kelly indicated the DPP had informed him it would not oppose a suspended jail term.

Upon his return, Mr Justice Carney said he would take into account the accused’s previous good character, her lack of previous convictions and the fact she would “have to live the rest of her life with a conviction for fratricide”.

The judge also gave regard to Brennan’s concern for her brother’s heroin use, her “dignity shown throughout this trial and investigation”, the family’s recent tragic history, and their united view that she should not be jailed.