Latest news with #unlawfulkilling
Irish Times
26-05-2025
- Irish Times
Stabbed man's partner witnessed his death in incident ‘so brutal and cruel'
The partner of a man who was stabbed to death two years ago has said that she witnessed his life being taken 'in a way that no human being deserved'. Keith Smithers (41) and Peter White (40) had pleaded not guilty to the unlawful killing and robbery of Brian Hogan on January 13th, 2023, at Collins Place in Finglas. Smithers, of Barry Close, Finglas, Dublin 11, was convicted on both charges following a trial at Dublin Circuit Criminal Court, while White, of Casement Drive, Finglas, was acquitted of the unlawful killing of Mr Hogan, but was convicted of robbing him. Smithers has just over 90 previous convictions, including offences for criminal damage, drugs, possession of knives and handling stolen property, while White has 264 previous convictions, including offences for assault causing harm, robbery, theft, drugs and road traffic offences. READ MORE On Monday, Smithers was handed a global sentence of nine years, while White was jailed for four and a half years for robbery. Lyndsey Doyle's victim impact statement was read into the record during the sentencing hearing. Ms Doyle was with Mr Hogan that evening when they went to a house where Smithers and White were over a dispute about Mr Hogan's phone. The court heard he had given it to the men as security for a rock of cocaine the previous day. Ms Doyle was pregnant at the time with the couple's daughter. Ms Doyle said in her statement she witnessed Mr Hogan's 'life being taken so brutal and cruel in a way no human being deserved'. She said 'it will haunt me', and said he has left behind a broken family, referring to Mr Hogan's elderly father 'who is lost without him', as Mr Hogan had been his carer. Ms Doyle said her daughter will grow up without a father, who would have adored her as he adored his older son. Mr Hogan has an older son from a different relationship. She said Mr Hogan's death has 'left a huge void' in all their lives. She described him as 'a well-liked, decent fella' who did not deserve the end he got. Ms Doyle concluded her statement by thanking Sgt Shane Behan for helping them 'getting justice for Brian and knowing that his life mattered'. She said she hopes Mr Hogan rests in peace now. Judge Martin Nolan said the events which led to this prosecution were 'serious', adding that 'unfortunately a man died' on this date. He said there was 'little formal mitigation' for either of the defendants, and noted they both had a record of previous convictions. The judge said he had considered Smithers's background, his history of addiction and the contents of letters submitted by extended family. Judge Nolan said the court was of the view that Smithers was remorseful for his actions, which was 'a small level of mitigation'. He handed Smithers a sentence of nine years for manslaughter and a concurrent sentence of four and a half years on the robbery charge. In relation to White, the judge said the context of the robbery was 'quite serious' and imposed a sentence of four and a half years. The judge directed the men should receive credit for any time served in custody on these matters alone and granted a defence application to extend legal aid in the event of an appeal.
Irish Times
26-05-2025
- Irish Times
Arsonist not to blame for death of man who went back into apartment building, Court of Appeal told
An arsonist jailed for the unlawful killing of a man whose apartment he set ablaze after a break-in has appealed his conviction, arguing that the deceased's decision to re-enter the burning building after getting safe broke the 'chain of causation'. Dean Boland (37) broke into a downstairs apartment of a Dublin residential property where Ohari Viera was living. He stole a rucksack and set fire to the property. Mr Viera had been living in an upstairs apartment with two other men, and all three managed to evacuate the building safely as soon as they became aware of the fire downstairs. The men were waiting outside when Mr Viera went back into the house for an unknown reason. He never returned and others who tried to go into the property after him were prevented from doing so as the building became engulfed in smoke and flames. READ MORE The sentencing court heard that Mr Viera, who was originally from Angola, had 'a complicated journey' in life which 'ended sadly with his death'. Boland of Northwood, Santry was convicted in December 2022 by a Dublin Circuit Criminal Court jury of the unlawful killing of Ohari Viera, damaging property by arson and burglary at Oaklands Terrace, Terenure, on August 21st, 2018. He had pleaded not guilty to the offences and was sentenced to eight years in prison. Counsel for Boland, Garret Baker SC, told the Court of Appeal on Monday that although the fire caused Mr Viera to flee the house, he then made a 'free voluntary decision, tragically, to go back in', leading to his death. Mr Baker said that if Mr Viera had initially perished in the house fire, there would be no question of Boland's culpability, but his decision to re-enter the blaze changes everything. He said Mr Viera's decision to go back into the burning building 'breaks the chain of causation' that would make Boland responsible for his death. In the original trial, counsel for Boland applied for the case to be withdrawn from the jury on the grounds that it was an exceptional case where there was no evidence of causation. This was refused by trial judge Elma Sheahan. Mr Baker appealed Boland's conviction on the grounds that Judge Sheahan was incorrect in her interpretation of causation and that she ought to have taken the decision out of the hands of the jury. Séamus Clarke SC, for the State, said the issue of causation 'is by its very nature a jury matter'. He said the question of whether the immediate re-entry into the building by the deceased after escaping the blaze was sufficient to break the chain of causation was for the jury to decide based on the evidence. Mr Clarke said that if the trial judge had taken the case out of the jury's hands, it would have been an 'unwarranted encroachment on the fact-finding role of the jury'. He said that fire was the substantial cause of death and there was very little time between Mr Viera fleeing the building and re-entering. He said Mr Viera's death is still linked with the original actions of the defendant in starting the fire. Ms Justice Isobel Kennedy, presiding at the three-judge court, said judgement in the case would be reserved.
BreakingNews.ie
26-05-2025
- BreakingNews.ie
Man was stabbed to death in 'brutal' and 'cruel' way, partner tells court
The partner of a man who was stabbed to death two years ago has said that she witnessed 'his life being taken so brutal and cruel - in a way that no human being deserved'. Keith Smithers (41) and Peter White (40) had pleaded not guilty to the unlawful killing and robbery of Brian Hogan on January 13th, 2023 at Collins Place in Finglas. Advertisement Smithers, of Barry Close, Finglas, Dublin 11, was convicted on both charges following a trial at Dublin Circuit Criminal Court while White, of Casement Drive, Finglas, was acquitted of the unlawful killing of Mr Hogan but convicted of robbing him. Smithers has just over 90 previous convictions including offences for criminal damage, drugs, possession of knives and handling stolen property, while White has 264 previous convictions including offences for assault causing harm, robbery, theft, drug and road traffic offences. On Monday, Smithers was handed a global sentence of nine years, while White was jailed for four and a half years for robbery. Lyndsey Doyle's victim impact statement was read into the record during the sentencing hearing on Monday. Advertisement Ms Doyle was with Mr Hogan that evening when they went to the house where Smithers and White were over a dispute about Mr Hogan's phone. The court heard he had given it to the men as security for a rock of cocaine the previous day. Ms Doyle was pregnant at the time with the couple's daughter. Ms Doyle said in her statement that she witnessed Mr Hogan's 'life being taken so brutal and cruel in a way no human being deserved'. She said 'it will haunt me' and said he has left behind a broken family, referring to Mr Hogan's elderly father 'who is lost without him' as Mr Hogan had been his carer. Advertisement Ms Doyle said she was pregnant at the time and her daughter will now grow up without a father who would have adored her as he adored his older son. Mr Hogan has an older son from a different relationship. She said Mr Hogan's death has 'left a huge void' in all their lives. She described him as 'a well-liked, decent fella' who did not deserve the end he got. Ms Doyle concluded her statement by thanking Sergeant Shane Behan for helping them 'getting justice for Brian and knowing that his life mattered'. She said she hopes Brian rests in peace now. Previous convictions Judge Martin Nolan said the events which led to this prosecution were 'serious', adding that 'unfortunately a man died' on this date. Advertisement He said there was 'little formal mitigation' for either of the defendants, and noted they both had a record of previous convictions. The judge said he had considered Smithers' background, his history of addiction and the contents of letters submitted by extended family. Judge Nolan said the court was of the view that Smithers was remorseful for his actions, which was 'a small level of mitigation' He handed Smithers a sentence of nine years for manslaughter and a concurrent sentence of four and a half years on the robbery charge. Advertisement In relation to White, the judge said the context of the robbery was 'quite serious' and imposed a sentence of four and a half years. The judge directed the men should receive credit for any time served in custody on these matters alone and granted a defence application to extend legal aid in the event of an appeal. Sgt Behan told Kieran Kelly BL, prosecuting, that Ms Doyle told gardaí that she and Mr Hogan went to the house in Finglas that day in an attempt to get back Mr Hogan's phone that had been given as security for a rock of cocaine. The phone was important to Mr Hogan as it had photographs on it that were of sentimental value and he had cash with him to pay the men for the drugs. They gained access easily to the house and immediately went upstairs where they found Smithers and White. An altercation arose and at one point a knife fell to the ground before Smithers got hold of it. Ms Doyle told gardaí that there was a struggle and she saw Smithers stab Mr Hogan once at the top of the stairs before Sgt Behan said the victim was effectively 'frogmarched' down the stairs by Smithers and White. The struggle continued outside and ultimately Mr Hogan received three further stab wounds and some puncture wounds. Mr Kelly confirmed that a pathologist's report concluded that three of those four stabs wounds could have been the fatal injury. Sgt Behan said Mr Hogan was then dragged from the front of the house to a nearby laneway where CCTV footage captured him being kicked to the head and upper body by one man. His pockets were also gone through at that point. The cash that he had brought with him to the house was no longer in his pockets when they were later searched by investigators. Letters in court Giollaíosa Ó Lideadha SC, defending Smithers, told Judge Nolan that there were letters in court from Smithers family who said they are heartbroken that he was involved in this offence and expressed their sorrow for the Hogan family. Counsel submitted that his client 'did not want this to happen and he is very sad for Mr Hogan and his family'. He submitted that the jury concluded that Smithers had 'used excessive self defence' in the context that Mr Hogan and Ms Doyle had come to his home that day. He said there was evidence in the case that his client was asleep at the time and intoxicated. Mr O'Lideadha asked Judge Nolan to accept that this situation was different to a fatality that may result from a fight on a public street. He said there was no evidence as to who brought the knife to the altercation and asked the court to accept that Smithers was not just defending himself but also defending White. Mr O'Lideaha also asked the court to accept that his client had no previous convictions for violence, rather this convictions are consistent with a chaotic lifestyle of criminality due to his drug addiction. Philip Sheahan SC, defending White, submitted that 'all of the jurors seem to accept that my client was engaged in self defence and had no knowledge of the stab wounds inflicted on Mr Hogan'. He accepted that White robbed Mr Hogan but said his client expected that the victim was 'going to get up and walk away'. Mr Sheahan said his client expressed remorse but asked Judge Nolan to accept that he had 'lesser moral culpability' than Smithers. Ireland Jury in Satchwell trial told to approach case 'wit... Read More 'He has been quite impacted by the profundity of this case and hopes to deal with his drug addiction and hopes to get employment and put his addiction behind him on release from custody,' Mr Sheahan said. He asked Judge Nolan to accept that there was 'no sophisticated pre-planning' in the offence but Judge Nolan replied that he believes the jury 'were happy there was common design in the robbery'. Counsel submitted that the jury appear to have accepted that his client removed someone who had come into his house and administered violence to someone outside. He reminded the court that there was no evidence that White had used a weapon and said White had 'not been on the road outside looking to cause trouble'.
Telegraph
20-05-2025
- Telegraph
Girl drowned at deep water park pool where only warning was about shallow area
An 11-year-old girl who drowned during a birthday party at a water park was unlawfully killed, a coroner has found. Kyra Hill got into difficulty in a designated swimming area at Liquid Leisure near Windsor, Berkshire, on Aug 6, 2022. Senior coroner Heidi Connor concluded Kyra had been unlawfully killed following gross health and safety breaches at the park. The breaches relate to the depth and visibility of the water and the absence of an emergency plan and risk assessment, she found. There were no signs warning of deep water despite it reaching 4.67 metres (more than 15ft) in parts of the swimming area, Mrs Connor said. 'In fact the only sign present warned of shallow water,' she added. Parents and carers were not advised to attend with children in a ratio of one to four, and young children were permitted to swim without buoyancy aids, the coroner said. There was also no emergency plan or risk assessment that took those factors into account, and no control measures were identified and put in place to 'take account of these clear risks', she ruled. Man Utd fan 'captivated hearts' Leonard Hill, Kyra's father, fought back tears as he read a pen portrait of his daughter to the inquest. 'Kyra was a beautiful, beaming beacon of light in the lives of all who were fortunate enough to know her,' he said. 'With her naturally enchanting, bright and beautiful eyes – paired with the softest, sweetest and warmest smile – she captivated hearts effortlessly. 'A spirited individual, Kyra was resolute in her beliefs. She would stand up for what was right without hesitation, always the first to challenge a bully or defend a friend. 'Guided by an unwavering moral compass, she was a protector at heart, fiercely caring for her loved ones and always considering the feelings of others.' His Manchester United-supporting daughter dreamed of becoming a professional footballer. 'Had that dream not become her reality, she had her back-up plan to pursue law and become a lawyer and fight for the truth, stating that she would 'never defend evil people in court',' he said. At around 3.20pm on Aug 6, 2022, a 17-year-old lifeguard spotted Kyra struggling and dived in after her before leaving the water to radio her colleagues. A manager attended rapidly but 37 minutes passed before 999 was called, Mrs Connor previously told the hearing. Around 13 minutes before emergency services were contacted, the park owner attempted to phone a divemaster and off-duty firefighter, the inquest had heard. The diver, Chris Knight, missed several calls and CCTV showed him first entering the water with an oxygen tank at 4.33pm. Mr Knight previously told the inquest he searched two parts of the lake before he was told that CCTV showed Kyra going under at another location. He found Kyra near the third area at around 5.09pm. He said that as far as he was aware no one had looked at the CCTV by the time he arrived at the park. Giving her conclusions, Mrs Connor said: 'Members of the family, at no point have I forgotten that this was about your 11-year-old, Kyra, and I am so very sorry that you are here today. 'It must have been incredibly difficult to sit in court and hear some of the evidence that we've heard. I offer all of you my heartfelt condolences.'
The Independent
20-05-2025
- The Independent
Schoolgirl who drowned at water park was unlawfully killed, coroner rules
An 11-year-old girl who drowned during a birthday party at a water park was unlawfully killed, a coroner has found. Kyra Hill got into difficulty in a designated swimming area at Liquid Leisure near Windsor, Berkshire, on August 6 2022. Senior coroner Heidi Connor concluded the youngster had been unlawfully killed following gross health and safety breaches at the park. The breaches relate to the depth and visibility of the water and the absence of an emergency plan and risk assessment, she found. There were no signs warning of deep water despite it reaching 4.67 metres (more than 15ft) in parts of the designated swimming area, Mrs Connor said. 'In fact the only sign present warned of shallow water,' she added. Parents and carers were not advised to attend with children in a ratio of one to four, and young children were permitted to swim without buoyancy aids, the coroner said. There was also no emergency plan or risk assessment that took those factors into account, and no control measures were identified and put in place to 'take account of these clear risks', she ruled. Mrs Connor said: 'The two gross breaches before Kyra went into the water are likely to have caused or contributed more than minimally to her death.' Her father, Leonard Hill, fought back tears as he read a pen portrait of his daughter to the inquest. 'Kyra was a beautiful, beaming beacon of light in the lives of all who were fortunate enough to know her,' he said. 'With her naturally enchanting, bright and beautiful eyes – paired with the softest, sweetest and warmest smile – she captivated hearts effortlessly. 'A spirited individual, Kyra was resolute in her beliefs. She would stand up for what was right without hesitation, always the first to challenge a bully or defend a friend. 'Guided by an unwavering moral compass, she was a protector at heart, fiercely caring for her loved ones and always considering the feelings of others.' His Manchester United-supporting daughter dreamed of becoming a professional footballer. 'Had that dream not become her reality, she had her back-up plan to pursue law and become a lawyer and fight for the truth, stating that she would 'never defend evil people in court',' he said. At around 3.20pm on August 6 2022, a 17-year-old lifeguard spotted Kyra struggling and dived in after her before leaving the water to radio her colleagues. There was then a 10-minute period where no staff were searching the area where Kyra was seen going under. Lifeguards searched other parts of the lake instead, following incorrect reports by members of the public that she had gone elsewhere. A manager attended rapidly but around 37 minutes passed between Kyra going underwater and 999 being called, Mrs Connor previously told the inquest. Around 13 minutes before emergency services were contacted, the park owner attempted to phone a divemaster and off-duty firefighter, the inquest had heard. The diver, Chris Knight, missed several calls and CCTV showed him first entering the water with an oxygen tank at 4.33pm. Mr Knight previously told the inquest that he searched two parts of the lake before he was told that CCTV showed Kyra going under at another location. He found Kyra near the third area at around 5.09pm. Mrs Connor said: 'CCTV was not reviewed in order to check Kyra's whereabouts when the search for her began. 'This option may well have been covered in an emergency procedure, had there been one.' Giving her conclusions, she added: 'Members of the family, at no point have I forgotten that this was about your 11-year-old Kyra, and I am so very sorry that you are here today. 'It must have been incredibly difficult to sit in court and hear some of the evidence that we've heard. I offer all of you my heartfelt condolences.' Harvinder Kaur, director at Fieldfisher – the law firm that represented the Hill family, said: 'We are grateful to the coroner for exposing the failings that occurred in the lead up to Kyra's death. 'We hope now that there will be positive change in the industry to prevent future deaths.' A Thames Valley Police spokesperson said in a statement: 'Our thoughts remain with the loved ones of Kyra Hill following her tragic death at Liquid Leisure near Datchet on 6 August 2022. 'We note the ruling from the coroner following the inquest into Kyra's death and we will be liaising with the coroner's office. 'We conducted a thorough investigation into Kyra's death at the time, before handing a file to the coroner and the local authority.'
