Judge suspends sentence for unlawful killing

A man who pleaded guilty to unlawful killing received a five-year suspended sentence at Dublin Circuit Criminal Court.

A man who pleaded guilty to unlawful killing received a five-year suspended sentence at Dublin Circuit Criminal Court.

Brian McBride (31), of Carraig a t'Seascain, Doiri Beaga, Co Donegal, pleaded guilty to unlawfully killing Mr Michael Kerr (52), from Omagh, Co Tyrone, on January 1st, 1999. He died on January 3rd from brain injuries.

The case made Irish legal history when there was a full hearing of all the evidence despite McBride's guilty plea last December. Judge Patrick McCartan said this was because of "irreconcilable conflicts in the evidence".

Imposing sentence yesterday, Judge McCartan said: "It has been a tragic case for all concerned and I don't want to add to it. Mr McBride will have to live with it for the rest of his life, so in essence he has a life sentence." He extended his sympathies to Mrs Josephine Kerr, the deceased's wife.

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Judge McCartan said he was satisfied that McBride had drunk a lot that night and had reason to celebrate because he and his girlfriend, Ms Catherine Doherty, had booked their honeymoon.

He was quite sure that McBride had gone up the Carraig a t'Seascain road, intent on confronting Mr Kerr's brother-in-law, Mr Frank Ward, about an alleged remark made by Mr Ward about Ms Doherty.

In his view, McBride punched Mr Kerr in the face and he fell over hitting the back of his head on the ground.