Justice for Justice sake?

It's hard to escape the news from yesterday that Wayne O'Donoghue was sentenced to just 4 years in prison for the manslaughter of Robert Holohan. My own initial reaction was one of surprise and then horror and distress when I heard the reports of Mrs Holohan's victim impact statement in the court prior to sentencing. The questions raised by her on first impressions are shocking. But on further consideration and analysis as was provided last night the reasons why these questions weren't posed in court seems a little clearer.


Robert Holohan

The DPP have an obligation to argue the strongest case they can in any given case. That often means that while evidence is present it may not be arguably strong enough to lead to a conviction. It would appear that this is the case with at least some of the physical and forensic evidence referred to by Majella Holohan.

However I have to admit that I am still surprised that on the strength of the case presented to him as we heard reported via the media that the sentence is for only 4 years. I understand that as there was only minimal physical trauma inflicted on the body that this was a mitigating factor in the judges decision. But the fact, as alluded to by him before sentencing, that Wayne O'Donoghue actively misled the authorities in the search for Robert's body, that he did not admit to what happened until the body was found and generally behaved in a manner which succeeded in creating more pain and hardship for the families involved than was necessry, surely should have attracted a harsher sentence? If it was an unfortunate and tragic accident he would surely have been in a better condition if he had behaved rationally and looked for help at the time of the event.


Wayne O'Donoghue

That's the part that really puzzles me. The other puzzling factor for me is why the DPP initially sought to bring a Murder conviction but downgraded it to Manslaughter. Murder convictions are not sought lightly as they are incredibly difficult to prove beyond reasonable doubt and often a manslaughter conviction is easier to prove and therefore the preferred option. At no stage have I come across the reasons why the charge was changed. Has anyone else?

What we are left with now in this case, is the confusion and questions concerning Majella Holohan's statement, the fact that O'Donoghue will probably be out next year with good behaviour, and the media circus which is bound to pursue this one for the next few days. The question of whether justice has been done is a mute point. How can there really be justice when the sad fact is that 2 families have been destroyed by these events and while I hope that the Holohan and O'Donoghue family will one day find peace, life will never be as simple as it once was for them, or the community they come from.