An 18-year-old alcoholic with learning difficulties was convicted yesterday of the manslaughter of a 20-year-old after a drinking session in a field beside the Liffey Valley Shopping Centre in September, 2005.
The Central Criminal Court heard that the two had a row and that the accused's girlfriend claimed it was because the deceased was English. The deceased's body lay undiscovered for two days before the girlfriend of the accused informed gardaí.
The jury of five women and six men took 2½ hours to return their unanimous verdict on the 16th day of the trial.
Kevin Walsh, Allenton Green, Tallaght, Dublin, who was 16 at the time of the killing, had pleaded not guilty to murdering James Burke between September 22nd-26th, 2005. Mr Justice Philip O'Sullivan remanded Walsh in custody and adjourned sentencing until December 4th.
Defence counsel Michael O'Higgins SC, told the court that his client wished to "truly apologise to the family of Mr Burke and say that he realises the wrong he did and the grief he put them through".
On the day of the killing, the victim's uncle, David Hunt, dropped his nephew to the Square Shopping Centre, Tallaght, and gave him €10 to buy cigarettes and to play in the arcade. He had not yet made any friends as he had only recently moved over from London to be with family and to "start a new life".
At the same time, Walsh, who had been expelled from a special needs school at the age of 14, was also making his way to the Square after spending the afternoon drinking with three friends at the back of the Old Mill Pub in Tallaght.
While standing outside the arcade, Mr Burke, whom he had never met before, approached him. The deceased asked him whether the arcade was open 24 hours which led to them striking up a conversation. The deceased told Walsh he was "only after moving over" and that "he didn't know anybody". Walsh took pity on him and invited him to go drinking with himself and his girlfriend. The two left to go to meet Lisa Brady in Liffey Valley Shopping Centre after buying a crate of Budweiser.
All three continued talking and drinking in a field beside the Marks & Spencer car park. A row broke out some time later. After a short argument, he claimed the deceased pushed him but admitted he threw the first punch.