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Wayne O Donoghue Released Today

  • 16-01-2008 03:16PM
    #1
    Mrs Roy Keane
    Closed Accounts Posts: 274 ✭✭


    O'Donoghue freed after serving three years

    Wayne O'Donoghue has been released from prison after serving three years of a four-year sentence for the manslaughter of his 11-year-old neighbour, Robert Holohan.

    The 23-year-old former engineering student from Midleton was released a year early, after qualifying for 25% remission from his sentence.

    His immediate plans are not clear and may not have been decided yet.

    But it is thought possible he may move home to live with his parents in east Cork not far from Mark and Majella Holohan and their two other children.

    11-year-old Robert Holohan disappeared from his home in Ballyedmond near Midleton in Co Cork on 4 January 2005.

    His body was discovered eight days later wrapped in black refuse sacks and dumped in a ditch at Inch Strand, about 20km from his home.

    Four days later, on 16 January 2005, Wayne O'Donoghue confessed to killing Robert Holohan.

    He was subsequently charged with Robert Holohan's murder but was acquitted by a jury following a ten-day trial.

    He had, however, admitted manslaughter and, for that, he was sentenced to four years in jail by Mr Justice Paul Carney.


    O'Donoghue Apology

    Speaking outside the prison, Wayne O'Donoghue said 'I wish to express my profound apologies and deep regret to Mark and Majella Holohan and to their family for causing to them the loss of their beloved Robert.

    'I fully accept responsibility not only for that loss but also for the additional grief and distress which I have caused to them owing to my actions following Robert's death.

    'I realise and accept that nothing which I may do or say will ever ease their suffering. I feel and carry the burden of guilt for my actions each day.

    'I also profoundly regret the hurt and distress which I have caused to the wider community.

    'To all whom I have caused such grief and distress I can only repeat my sorrow and ask for forgiveness.

    'To my own family, relations and friends I also wish to say to repeat my expression of sorrow for the pain and suffering which I have caused you. I deeply appreciate the support you have given me over the past three years and I will always be grateful for this.

    'I also wish to express my gratitude to all of those people in the wider community who have made contact with me directly and indirectly since my imprisonment. I am eternally grateful to you for your kindness, support and understanding.

    'I wish to express my thanks and appreciation to the governor and staff of the Midlands Prison for the very fair and reasonable manner in which I have been treated during the term of my imprisonment.

    'I fully accept personal responsibility for all of my actions in this matter.

    'I have always stated that I would as a consequence accept the penalty imposed by the court for my wrong-doing.

    'I have served a penalty which has been imposed upon me by the courts to the best of my ability.

    'I intend this to be my only statement in relation to this matter and I would hope for your understanding in that regard.'


«1

Comments

  • #2
    dresden8
    Registered Users, Registered Users 2 Posts: 3,291 ✭✭✭dresden8


    I would hope for your understanding in that regard

    Three years for killing a child seems fair. Let's all wish Wayne the best!


  • #3
    unregd147
    Registered Users, Registered Users 2 Posts: 74 ✭✭unregd147


    As far as I'm aware he didn’t mean to kill the child, in that regard I have pity for him. I feel the 4years sentence is fair in this case. The fact however is that he covered up the manslaughter and hid the body. He even helped with the search? This I feel is much more calice and deserved in itself a larger sentance than the 4years.


  • #4
    finlma
    Registered Users, Registered Users 2 Posts: 735 ✭✭✭finlma


    He made an honest mistake which he owned up to but unfortunately resulted in the death of a child. The cover up was a natural reaction and didn't effect the outcome either way. He has done the time he was ordered to do and is entitled to life his life.

    Best of luck to him with whatever he decides to do. Seems like a decent bloke to me.


  • #5
    seamus
    Registered Users, Registered Users 2 Posts: 68,173 ✭✭✭✭seamus


    unregd147 wrote: »
    As far as I'm aware he didn’t mean to kill the child, in that regard I have pity for him. I feel the 4years sentence is fair in this case. The fact however is that he covered up the manslaughter and hid the body. He even helped with the search? This I feel is much more calice and deserved in itself a larger sentance than the 4years.
    This would probably be a separate charge and as best I understand it, the court imposes a sentence based on the actual offence and its specific impact, rather than any other factors.


  • #6
    a-k-47
    Banned (with Prison Access) Posts: 2,298 ✭✭✭a-k-47


    finlma wrote: »
    Best of luck to him with whatever he decides to do. Seems like a decent bloke to me.

    Are u mentally challenged by any chance?. Would you say that ridiculous statement if it was your son?. Robert doesnt have a 2nd chance at life why should he. You dont accidentally choke someone to death, he would of used excessive force and robert would of fought till his last breath, sure why dont we help get all prisoners who are in for manslaughter get there lives back on track once they are apologetic. Nice blokes dont wrap a childs dead body up in plastic fcuk him in the boot of your car and dump him in a remote area, if it was an accident, to ring an ambulance would be the first thing a decent bloke would do!... idiot!:mad:


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  • #7
    seamus
    Registered Users, Registered Users 2 Posts: 68,173 ✭✭✭✭seamus


    a-k-47, there's a less civilised discussion here: http://www.boards.ie/vbulletin/showthread.php?t=2054862935&page=3

    This thread is for legal discussion, not moral debates. I won't hesitate to delete any similar rants in future.


  • #8
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,807 Admin ✭✭✭✭✭hullaballoo


    a-k-47 wrote: »
    Are u mentally challenged by any chance?. Would you say that ridiculous statement if it was your son?. Robert doesnt have a 2nd chance at life why should he. You dont accidentally choke someone to death, he would of used excessive force and robert would of fought till his last breath, sure why dont we help get all prisoners who are in for manslaughter get there lives back on track once they are apologetic. Nice blokes dont wrap a childs dead body up in plastic fcuk him in the boot of your car and dump him in a remote area, if it was an accident, to ring an ambulance would be the first thing a decent bloke would do!... idiot!:mad:
    Oi! Everyone's entitled to their opinion - but there's no need for personal abuse. It's a site-wide rule. Ordinarily, I'd ban you here but since this is an emotive issue, I'll let it go this time only.

    This warning applies to anyone who posts in this thread from here on in.

    Edit: heh, to think we're looking for new mods! We're stepping over each other as it is!


  • #9
    sickpuppy
    Closed Accounts Posts: 955 ✭✭✭sickpuppy


    Totally agree with ak 47 the sentencing in this country is ajoke.
    ....snipped.
    How he could live with himself after what he done i dont know.
    H e will be probably attacked as soon a shes away from the media glare.


  • #10
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,807 Admin ✭✭✭✭✭hullaballoo


    Mrs Roy Keane, can you cite the source of that article(?), please?


  • #11
    denashpot
    Registered Users, Registered Users 2 Posts: 277 ✭✭denashpot


    this is not a rant but if it was my son i would not be happy. his actions after the
    killing was a disgrace and alone should warrant life in prison! the irish justice system is a joke! the prime time show last night proved that regarding the dna testing used in the case. just my opinion (not a rant) if it was my son i would track him down and accidentally end his life.


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  • #12
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,807 Admin ✭✭✭✭✭hullaballoo


    Actually, I thought the Primetime section on this last night was incredibly invidious and malicious. I think the bias shown in the programme against Mr O'Donoghue was to the extent that it substantially lowered my opinion of the show's journalism. The fact that it was shown on the eve of Mr O'Donoghue's release was further adding insult to injury.

    I personally do not know enough about the case and the factual scenario around it to comment on whether I think there was a more malignant undertone. I think Majella Holohan would have us all believe there was some sort of sexual motive. However, for want of any actual evidence in that regard. It has been forcefully put forward that Low Copy Number DNA analysis is unreliable and to the best of my limited knowledge, that is the case.

    However, it is the DNA analysis that appears to be current in this jurisdiction and its reliability must be taken seriously by those who try to use it as evidence. The very mention of "DNA evidence" gives rise to CSI syndrome. People have been misinformed by popular sci-fi programmes like CSI as to the infallibility of forensic evidence. It must always be borne in mind.

    If you think of the fact of the presence of semen along the lines of how disease spreads (cross-contamination of food etc.), then you can see innumerable possibilities to explain any such presence.

    Mr O'Donoghue has had his trial and has served his sentence. We are none of us in a position to say what he deserves or not; personally, I hope he can turn out to be a productive member of society; however, mud sticks.


  • #13
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    I actually thought that Prime Time was quite good, and I thought it vindicated (on the seman), Mr O'Donaghue.


  • #14
    denashpot
    Registered Users, Registered Users 2 Posts: 277 ✭✭denashpot


    the prime time show did clear his name in some respects towards him been branded a sex killer. as much as i know and want to believe it was an accident i think people will always judge him on what he did afterwards. i do think the judge could of gave a longer sentence in this case. was he charged with anything other than manslaughter regarding what he done after the child died???


  • #15
    Mrs Roy Keane
    Closed Accounts Posts: 274 ✭✭Mrs Roy Keane


    Source

    http://www.rte.ie/news/2008/0116/holohanr

    I think 3 years for manslaughter is not a justified sentence.


  • #16
    Eire 4Ever
    Closed Accounts Posts: 167 ✭✭Eire 4Ever


    I feel for all the parties involved but 3 years for the manslaughter/murder of an 11 year old boy is a joke

    The Irish Justice System is a joke


  • #17
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    Mrs Roy Keane wrote: »
    Source

    http://www.rte.ie/news/2008/0116/holohanr

    I think 3 years for manslaughter is not a justified sentence.

    manslaughter is the killing of a human without malice or premeditiation, he didnt mean to do it, no mens rea, and im sure 3 years in prison would be a lot longer a time than 3 years out here would be so i personally think its reasonable, of course if it was my own son feelings would be different but thats why our judges use objective tests rather than using there own subjective views.

    Thank got for the "reasonable man" or we'd all be locked up!


  • #18
    Amazotheamazing
    Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    As someone who is roughly the same size and build as Wayne O'Donoghue I can have a certain amount of sympathy for what happened. Fact is, it is incredibly easy for someone our size to injury a child of Robert Holohan's size, I don't think people appreciate that to any extent. It takes roughly 5kg of pressure to break someones neck, a person of O'Donoghue's size could easily apply that force without realising it. This might sound trite but sadly it's true. The Prime Time report (imo) pretty much cleared O'Donoghue's name as regards the traces found on Robert Holohan's hand.

    To me, the death of Robert Holohan is a tragic accident which could have happened in any amount of inaction between an adult of O'Donoghue's build and a child of Holohan's build.

    What O'Donoghue did afterward is incomprehensible to all right thinking people, had O'Donoghue called an ambulance imo, no charges would even have been pressed. However, I think it is unrealistic to expect O'Donoghue to act in a correct state of mind after such an accident.

    O'Donoghue has served his sentence and should be allowed attempt to rebuild his life.


  • #19
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,568 Mod ✭✭✭✭johnnyskeleton


    seamus wrote: »
    This [the hiding of the body etc]would probably be a separate charge and as best I understand it, the court imposes a sentence based on the actual offence and its specific impact, rather than any other factors.

    It lessens his ability to claim co-operation and remorse in mitigation, and it could be interpreted as an aggravating factor in that he tried to conceal his crime.
    Mrs Roy Keane wrote: »
    I think 3 years for manslaughter is not a justified sentence.

    Why?
    Eire 4Ever wrote: »
    I feel for all the parties involved but 3 years for the manslaughter/murder of an 11 year old boy is a joke

    The Irish Justice System is a joke

    Why do you think the sentence and the Irish Justice System is a joke? I know it's very popular in the media to make blithe comments about this, but what exactly do you mean? It's a difficult argument to make because:
    (a) very few people fully understand the implications of spending even a year in prison and as such to say that a sentence is a joke is a very abstract argument - it might seem like a joke to you, but to someone who actually has to serve such a sentence it's probably not a laughing matter
    (b) many people have an idea that a certain crime has a certain tarrif that must be paid as though the court were a toll booth - E2 for a car, E5 for a van etc. The sentence must take account of the seriousness of the offence and the circumstances of the offender.
    (c) the case was about an accidental killing, but it is portrayed in the media almost as the murder of a child by a paedophile.

    So on what grounds do you beleive that the sentence, and by extension the entire justice system is a joke?


  • #20
    Tom Young
    Registered Users, Registered Users 2 Posts: 4,338 ✭✭✭Tom Young


    I agree with johnnyskeleton's question and indeed Hullaballu in respect of the position.

    The media in this country is nothing short of a scourge.

    To add a comment, I also technically agree with the comments made by Justice Carney at UCC some months ago and the fairness and justice of the matter. Despite thinking perhaps that the timing might have been a bit better.

    Tom


  • #21
    bigbobbya
    Closed Accounts Posts: 18 ✭bigbobbya


    Johnnyskeleton is absolutely right in challenging groundless, throwaway remarks which impugn the integrity of the criminal justice system. The punishement must indeed fit the crime and the particular offender. WO'D didn't have so much as a parking fine before this tragic incident and we can be almost certain that he won't ever come to Garda attention again. He poses no danger to the public and should be allowed to get on with his life having served his sentence with the utmost dignity and remorse. Don't forget that in addition to 3 years of his life, he has also lost his education, his friends and any employment prospect in this country.

    I haven't had a chance to look at the red-top rags yet today but I can only imagine the kind of tripe they have published, disingenuously purporting to champion the cause of Robert's parents, when in fact all they are doing is adding to their grief in a callous attempt to boost sales. Their coverage of the story to date has been nothing short of a disgrace, appealing to the very worst in their readership by stimulating an ill-informed & erratic mob mentality. I wish WO'D the very best of luck in his libel actions against them.

    There are some absolutely ridiculous remarks on this thread but I think that sickpuppy's post encouraging WO'D to take his own life is the pick of the bunch. How, in any way whatsoever, would that be of any benefit to anyone? Two tragic deaths as opposed to one? An eye for an eye? For the sake of the much-maligned criminal process, I hope to God you never get called for jury service.


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  • #22
    PonyP
    Registered Users, Registered Users 2 Posts: 99 ✭✭PonyP


    Served his sentence, deemed appropriate by a High Court judge, leave him alone to rebuild his life.
    I am sure he regrets everything that happened and I know that Robert's family will never forgive him but he should be allowed a chance to live a normal life now he has been released.
    No other recently released prisoners have received so much media attention in recent times


  • #23
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    I deplore "The Sun" grade opinions that you see vommited out by every Tom, Dick, Crystal, Sharon and Jason in relation to these types of matters at these times. It's always simply "a disgrace" and never a well thought out / reasoned comment giving reasons or any shred of insightful intelligence.

    More often than not, the famous and equally baseless "if it was my child..." scenario gets thrown into the mix which frankly makes me sick to the pit of my stomach every time. Luckily for the opinionated demi-god imbeciles making their 'point' [with the usual sense of entitlement], they will never truly know how exactly they would feel and cope with the level of grief and tragedy borne out by the misfortunate families of victims. As for the inevitable "it's a disgrace" comments on the criminal justice system coming again from the brains educated by Coronation Street and Heat magazine, at least these do not have the same thoughtless, insensitive flair as the "If it was my child....." manure.


  • #24
    Mrs Roy Keane
    Closed Accounts Posts: 274 ✭✭Mrs Roy Keane


    Source Evening Echo

    'O'Donoghue apology was a stunt,' says Robert's father

    17/01/2008 - 1:05:28 PM

    Robert Holohan's father has rejected the apology made by his son's killer outside the Midlands Prison in Portlaoise yesterday.

    Wayne O'Donoghue, 23, read a statement apologising for his actions and accepting responsibility for the grief they caused.

    He was speaking after completing three years of a four-year sentence for the manslaughter of his 11-year-old neighbour in January 2005.

    In a newspaper interview today, Mark Holohan described Mr O'Donoghue's statement as "a stunt" and said he had "some neck on him apologising like that".

    He also said the former engineering student "got off with a lenient sentence".


  • #25
    Mrs Roy Keane
    Closed Accounts Posts: 274 ✭✭Mrs Roy Keane


    johnnyskeleton wrote: »



    Why?



    MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent. The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter. It also differs from murder in this, that there can be no accessaries before the fact, there having been no time for premeditation. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.

    I don't know what actually happened between Wayne and Robert which resulted in Robert's death only they know so we have only have Wayne's testimony and the evidence but Wayne actions after the killing of Robert were premeditated he knew what he was doing. I cant comprehend what i would do in that situation and hope i would never be in that situation but i think you would call an ambulance. In my opinion 3 years is way to short a term for this crime. Wayne is young and he can still get on with his life while Robert is death.


  • #26
    legs11
    Closed Accounts Posts: 1,347 ✭✭✭legs11


    If he did this in the states he would be on death row, whatever peoples views are on this, it is a sorrid case and it all falls back on our pathetic justice system, no matter what way you look at it.

    but having said that, he doesnt look mentally challenged in any way and who knows what will happen or become of him, i mean its not like he is going to end up like jack the ripper......


  • #27
    denashpot
    Registered Users, Registered Users 2 Posts: 277 ✭✭denashpot


    i mean its not like he is going to end up like jack the ripper......

    lets hope not!

    he let the body rot in a coal bag for 8 days and people have sympathy for him. love to see those people in the Holohan's position and see would they be posting some of the muck on this forum. his father today rejected the statement wayne made after been released. rightly so!! in many countries wayne would of been hung for what he done and its a pity it did'nt happen here!:mad::mad:


  • #28
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    denashpot wrote: »
    i mean its not like he is going to end up like jack the ripper......

    lets hope not!

    he let the body rot in a coal bag for 8 days and people have sympathy for him. love to see those people in the Holohan's position and see would they be posting some of the muck on this forum. his father today rejected the statement wayne made after been released. rightly so!! in many countries wayne would of been hung for what he done and its a pity it did'nt happen here!:mad::mad:

    What countries had you in mind, Saudi Arabia? I can understand its a heated topic at the moment but for God's sake listen to what you are saying. He should be hung? This is lynch mob mentality.


  • #29
    Eire 4Ever
    Closed Accounts Posts: 167 ✭✭Eire 4Ever


    All we have to go on is O Donoghue's story about what happened the day he killed Robert so we don't know it happened that way or not.

    All i know is an 11 year old boy is dead and his killer is now a free man after only serving 3 years is this fair in my opinion no


  • #30
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Eire 4Ever wrote: »
    All we have to go on is O Donoghue's story about what happened the day he killed Robert so we don't know it happened that way or not.

    All i know is an 11 year old boy is dead and his killer is now a free man after only serving 3 years is this fair in my opinion no

    No, you have the evidence upon which he was convicted to go on. Unless you were actually there, you can never be certain but people shouldn't be damned on the basis of conjecture or speculation. Hell, maybe the kid actually strangled himself and framed O'Donoghue. Can anyone here definitively prove the CIA wasn't behind it? etc.


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  • #31
    Carolus Magnus
    Closed Accounts Posts: 47 ✭Carolus Magnus


    Glad to see the 'paediatricians?!11 nonces!' brigade has found the thread.
    If he did this in the states he would be on death row

    People don't go on death row for manslaughter. Would you care to elaborate to all of us how the sum of the evidence in the Holohan case would translate to a first degree murder charge for O'Donoghue in the United States? You can try, I'd like to see you construct the legal argument for it.
    denashpot wrote: »
    i mean its not like he is going to end up like jack the ripper......

    lets hope not!

    he let the body rot in a coal bag for 8 days and people have sympathy for him. love to see those people in the Holohan's position and see would they be posting some of the muck on this forum. his father today rejected the statement wayne made after been released. rightly so!! in many countries wayne would of been hung for what he done and its a pity it did'nt happen here!:mad::mad:

    Get thee to Iran.

    Anyway, I think Justice Paul Carney's statements on the entire sorry case were perhaps the most acute and insightful (not to mention learned, something a lot of the commentators most certainly aren't. He also has the greatest acquaintence with the case of anyone bar the solicitors.) Majella Holohan abused the mechanism of the victim impact statement and has (dare we say knowingly?) provoked a rush to judgement by the tabloid press who know that sleaze sells and aren't afraid to inflict it on the reading public.

    The Examiner of course degrades its status as a broadsheet newspaper by publishing the most outrageously ignorant vitriol passing for journalism today. We were treated to no less than half a page on how O'Donoghue intoned his apology. Not enough feeling or weeping. The monster can't even show proper histrionic remorse and regret! Must try harder. D-

    Such pureile assessments have no place in serious discussion of the news.

    Equally, Mr. Holohan's statement of today is trash. I only excuse it on account of him being the victim's father, but objectively speaking it is total rubbish. How dare the boy apologise! The high emotion that surrounds precious tots cut down in their floruit couldn't have been parodied better.

    The DNA sample in this case constituted a single cell. A minimum of 200 are required for any definitive sample. A sample that small could have gotten there by a variety of means, and there's no way to know that it was even O'Donoghue's semen for that matter. If it is to be taken as evidence of some kind of sexual contact then frankly that a single cell was the only amount left on the body is what is incredible. There should be much more present if we're to believe what is insinuated by various parties.


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