The death of pensioner Paddy Barry at his Waterford home after a break-in was a tragic event but Ireland already has clear and strong legislation dealing with burglars, Minister for Justice Dermot Ahern has said.
When asked if Mr Barry’s death raised questions about legislation protecting home owners from intruders, Mr Ahern said recent debate around what force a homeowner could or could not use against an intruder had nothing to do with Mr Barry’s death.
“Already we have a very strict law in relation to burglary,” Mr Ahern said.
“Somebody who commits a normal burglary can get up to 14 years imprisonment. Anybody who commits aggravated burglary - with a weapon or violence - can serve up to life imprisonment. So we have a very strict regime already.”
A post mortem on the deceased 82-year-old has found no injuries consistent with an attack.
Gardai investigating the break-in at his home yesterday week and his death in the early hours of yesterday morning believe Mr Barry’s face and head injuries may have been caused by a fall.
Mr Barry was able to ring gardai and direct them to his home - on Mount Sion Ave near Waterford City centre - after the break-in around 9pm last Wednesday. However, when gardai reached the house they found Mr Barry collapsed.
He never regained consciousness and died in hospital six days later.
Mr Barry’s grandson is the magician Keith Barry.
He said in radio interviews that his grandfather had been beaten in his home and had suffered a broken arm and head injuries. He called for Government action to protect older people in their homes.
However, it has since emerged that while Mr Barry’s home was broken into, he was not attacked.
Keith Barry also called for mandatory sentences for burglary offences. Mr Ahern said while his mind was not closed to that idea the introduction of mandatory sentences for other crime types had had mixed results.
Meanwhile, gardai have appealed for a number of people who were in the vicinity of Mr Barry’s home around the time of the break-in to come forward. This included girls seen throwing eggs on the street nearby.
An 18-year-old man has already been arrested for questioning about the break-in at Mr Barry’s home. He was released without charge. The investigation is continuing.