A TEENAGER convicted of killing his father who came home drunk has walked free from the Central Criminal Court after being given a suspended six-year sentence.
Thomas Cunningham (19) was convicted by a jury earlier this year of the manslaughter of Thomas Brendan Cunningham snr (46) at their home in Santa Maria Commons, Ballinlough, Co Roscommon, on August 23rd, 2007.
He had pleaded not guilty to murdering him in their driveway, after his father came home in the early hours, drunk and without dinner for his elderly parents for whom he cared.
His teenage son left him outside with a duvet and a pillow and dialled 999 the following morning.
The deceased man’s siblings described the sentence as an all-clear for children to kill their alcoholic parents.
Two of the dead man’s brothers walked out of court as Mr Justice Paul Butler’s read out the sentence. His sister, Maria Cunningham, and her brothers said they were “outraged and appalled” by the decision, describing the sentence as derisory.
“Life is as sacred as it is precious,” they said afterwards. “It is enshrined and protected in law.”
They said they believed their brother had been failed by the judicial system. The family was raised in England by their Roscommon-born father and Kerry-born mother, who retired to Ballinlough 15 years before the killing. The deceased was the eldest of the family and moved to the small village some years later to care for his parents.
His son followed about a year before the killing and the court heard they had a troublesome relationship.
The Cunningham family said their mother was still heartbroken at the thoughts of her son lying outside on the ground that night and dying alone.
They said she was also tormented that he never got the Last Rites, as a priest was not called until after he died.
State Pathologist Prof Marie Cassidy had told the trial that death would have been hours after the assault.
The family said they were prevented from resting their brother in a church the night before his burial, because the defence needed to examine his body.
They were advised against an open casket due to the severity of his injuries and feel they never had a chance to say a proper goodbye.
“My parents did not expect to outlive their children,” said the family in their victim impact statement read in court.
“They suffered mental anguish as to why they were still alive. They told us they would have willingly died in Brendan’s place.”
They said they watched their father disintegrate before their eyes and lose the will to live. They said their mother was often tearful and melancholy now, “not the happy, laughing mother we all remember”. They attributed a stroke she has since suffered to the deaths of her son and husband.
They said the picture painted of their brother during the trial was one of a tough, hard drinker, but that this was twisted. They said that after his death, their parents missed his friendship and companionship.
“His death left a huge void in their daily routine. They were dependent on Brendan and felt reassured that if one of them should die, Brendan would be there to care for the other,” they said. “The unlawful death of our brother robbed them of contentment and peace in their twilight years.”
Mr Justice Butler said that only in extraordinarily exceptional circumstances could there be no custody for an unlawful killing.
“I think this is a totally exceptional case,” he said, pointing out that the accused had just turned 18 at the time, had no previous convictions or propensity for violence. He said there was no evidence that the teenager presented any risk to others.
He had honoured his bail and returned to Ireland for both his trial and sentencing.