A 21-year-old apprentice mechanic on the Naval Service flagship the LE Eithne has been found guilty of the manslaughter of a fellow crewman who drowned in the Liffey after going overboard.
At the Central Criminal Court yesterday the jury unanimously found Sean Lundon, James Connolly Park, Tipperary town, not guilty of murder but guilty of the manslaughter of Able Seaman Brian Gorey (21), Devon Close, Castletroy View, Limerick, at Sir John Rogerson's Quay, Dublin, on April 22nd, 2001.
Lundon had denied murdering Mr Gorey, who could not swim. He admitted to gardaí that he broke a brush handle on the deceased's head during a row and claimed he took Mr Gorey up on deck for air but that he "slipped away" into the water and drowned.
Evidence was heard that the two men drank a lot in pubs in Dublin on the night in question. They continued drinking on board with crew members until nearly 5 a.m. when Lundon was the last person in the recreational room with Mr Gorey, who was sleeping on the couch.
The State's case was that Lundon assaulted Mr Gorey, carried him up and dropped him into the river. The defence said Lundon never intended for him to go overboard. A broken ashtray was recovered from the scene and gardaí seized a pair of bloodstained trousers that Lundon initially denied he'd worn on the night.
Lundon, who did not give direct evidence in the case, told gardaí in an earlier statement that he hit Mr Gorey with a brush "once or twice" after he \ threw an ashtray at him: "Brian got up and came over and started having a go at me." He then picked him up and took him up on deck for some air. "I was sitting him down on the ledge of the afterdeck . . . just then he pushed me away. He slipped and was gone from me. He was gone into the water," the statement read.
He also told gardaí "I think I shouted for the QM" \ but said he "panicked and ran inside". None of the witnesses gave evidence of hearing Lundon calling for help, but when Mr Gorey was spotted struggling in the water by a member of the crew a "man overboard" alarm was raised. A lifeboat reached him within minutes, but he was pronounced dead shortly afterwards.
Deputy State Pathologist, Dr Marie Cassidy, told the trial that a post-mortem established Mr Gorey was assaulted before he went overboard, but that he died from drowning. Lundon appeared relieved and smiled briefly to his father when the verdict was announced. Mr Justice Carney remanded him on continuing bail. He will be sentenced on June 27th.