Man given eight year jail term for killing in Christmas ‘duel’

A Dublin man was jailed for eight years on Monday for killing a man following what was described as a “duel” at Christmas time two years ago.

Wayne Kennedy (34) with an address at Rathsallagh Park in Shankill, Co Dublin was charged with murdering David Spain (26) on December 26th 2013 at this address as well as intentionally or recklessly causing serious harm to Sean Turner on the same date.

Last July, Mr Kennedy pleaded not guilty at the Central Criminal Court to both counts.

A jury of 10 men and two women unanimously found Mr Kennedy not guilty of the second count to intentionally or recklessly cause serious harm to Sean Turner.

They reached a majority verdict of 11 to one that Mr Kennedy was not guilty of murder but guilty of manslaughter after deliberating for four hours and 48 minutes.

Mr Justice Patrick McCarthy on Monday said the accused was charged with murder and assault causing harm.

“Mr Turner communicated with the accused on Christmas day in the small hours of the 26th,” he said.

“(He came) from a house across the road from the accused. The accused came out of his house carrying a knife for the purpose of a so called straightener. Mr Turner was armed with a stone and threw that at the accused man’s head,” he said.

“The accused engaged with Mr Turner and ultimately Mr Turner was injured giving rise to the charge . The accused was acquitted of that charge,” he continued.

“I cannot ignore the fact that the knife was brought out unlawfully and used on the deceased,” he said.

Mr Justice McCarthy read from the victim impact statement given last month by the deceased mans family.

He read: “We don’t deserve this pain, grief and heartache. He (David) would do anything for anyone”.

Mr Justice McCarthy said that he did not wish to exclude the fact that the accused brought a knife with him “for anything other than a duel” before he sentenced Kennedy to eight years in prison.