Limerick student found guilty of manslaughter

A LIMERICK student has been found guilty at the Central Criminal Court of killing a man two years ago.

A LIMERICK student has been found guilty at the Central Criminal Court of killing a man two years ago.

The jury of six men and six women took just over four hours to find Joseph Buston (21), Towerfield, Croom, Co Limerick, guilty by a 10-2 majority of the manslaughter of Liam O'Donovan (59) at his home at St Senan's Terrace in the village early on November 4th, 2006.

During the trial the jury heard that Buston, a fifth-year student at Coláiste Ciarán, Croom, had spent the day working with his father. That evening he arranged to meet some friends in a local pub. He told gardaí he drank several pints of lager there.

At about 10.30pm he went home to borrow more money from his parents before going out again to a local nightclub with his friends.

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That same night, Mr O'Donovan met his brother for a couple of drinks and to discuss their mother's anniversary Mass, due to be held that weekend. They left the pub at about 1.30am and Vincent O'Donovan watched his brother walking towards his home.

Buston, meanwhile, had argued with his girlfriend after kissing another girl and taking her phone number at the nightclub. When a friend dropped him back to Croom after the nightclub closed at about 4am he decided to go a visit his girlfriend to apologise.

David Begley, her brother, told the court that he was waiting up for his sister to come home when he heard a noise. He went outside to find Buston climbing on the roof of the house and persuaded him to get down before he hurt himself.

Buston later told gardaí that he had been throwing stones at his girlfriend's window with the intention of getting in to see her.

The jury was also shown CCTV footage of outside the Spar shop in the village which showed Buston moving newspapers away from the shop and kicking a door.

At some stage he headed home. He initially told gardaí that he heard crying inside the house on St Senan's Terrace and went to investigate, but later said he did not know why he entered the house.

During the trial the jury heard that his palm print had been found on the outside frame of the open bedroom window.

Mr O'Donovan woke up and left his bed to confront him. There was a struggle with Mr O'Donovan grabbing Buston by the shoulder and the arm.

Buston told gardaí he grabbed a knife from the kitchen draining board which was in easy reach. He said he just wanted to get away. Then he stabbed Mr O'Donovan once through the heart.

The Deputy Chief State Pathologist, Dr Michael Curtis, told the jury that the knife wound went into the chest to a depth of 17cm. It fractured a rib going in and sliced through the left lung and the heart.

Bloodstains on his body showed that he had remained upright for some time after the stabbing. A trail of blood tracked a path from the back door round to the front of the house.

His body was discovered on the pavement two doors away from the house the next morning by a neighbour and he was pronounced dead at the scene.

Mr Justice Paul Carney remanded Buston on continuing bail. Brendan Nix SC, defending, told the court that Buston represented no flight risk, having refused to take up his bail when he was first charged.

Mr Justice Carney ordered victim impact statements to be prepared before sentencing in April.