Man gets 5 years for manslaughter

A ROW over a bicycle used in a drugs deal led to a young man stabbing to death his lifelong friend, Dublin Circuit Criminal Court…

A ROW over a bicycle used in a drugs deal led to a young man stabbing to death his lifelong friend, Dublin Circuit Criminal Court heard when a five year sentence was imposed for manslaughter.

The victim, Mr Kevin McCabe (20), and his childhood friend, Mark McCowan, were intravenous drug users.

Mr McCabe had only £30 for £35 worth of drugs he bought from McCowan and he handed over his bicycle as security for the £5 balance. Del Insp Martin McLaughlin said shortly after that, one of Mr McCabe's friends repossessed the bicycle when it was being ridden in the Tallaght area by McCowan's brother.

McCowan sent for his friend to come and sort out the matter. When Mr McCabe arrived the defendant had a knife in his hand as he was helping his mother prepare a stew.

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An argument broke out between them in the hallway and McCowan's mother begged them to stop but it continued with a lot of finger waving seen by witnesses.

Det Insp McLaughlin told prosecuting counsel, Mr Patrick Gageby SC (with Mr Desmond Zaiden), there were no witnesses to the stabbing but one witness saw Mr McCabe fall backward. McCowan was seen running away from the scene crying. Mr McCabe died from a single stab wound.

McCowan (20), of Knockmore Crescent, Dublin, pleaded guilty to manslaughter of Mr McCabe on February 28th, 1995.

Del Insp McLaughlin said McCowan got a pillow to put under his victim's head immediately after the stabbing. He then ran to another friend's house and told what he had done. Two days later he came voluntarily to the Garda station with his solicitor and made a statement.

Judge Cyril Kelly said his first thought was for the McCabe family and he could only extend his sympathy to them for the tragic loss of a son.

He suspended the final three years of the sentence, saying McCowan's remorse appeared genuine. The evidence indicated it was coincidental he had a knife in his hand when his friend called and he said in his statement he did not kill him in cold blood.

The court was told McCowan is serving a five year sentence for aggravated burglary imposed in 1995. He had a total of six other convictions.

Del Insp McLaughlin agreed with defence counsel, Mr Gregory Murphy SC (with Ms Mary Ellen Ring), that without the defendant's admission the case would have been very hard to prove.