A convicted Louth sex offender has been jailed for six years for the manslaughter of a 57-year-old man whom he claimed sexually molested his girlfriend while they slept rough on a Dublin street.
Derek Clarke (26), Moneymore, Drogheda, was convicted by a jury at Dublin Circuit Criminal Court of unlawfully killing Martin Reilly on July 12th, 2004.
Judge Yvonne Murphy said that while she accepted the assault by Clarke was minor she was satisfied that the evidence proved it had contributed to Mr Reilly's death. She was satisfied that Clarke was not aware of Mr Reilly's heart condition.
The main eyewitness, Niamh Roche, said she saw two men, with a woman between them, lying under a duvet outside the Simon Community building. The younger man, who was Clarke, pushed Mr Reilly away after he had put his arm around the woman. Mr Reilly got up to walk away but Clarke followed him and punched him five or six times.
She thought both men were unsteady on their feet and appeared drunk. Mr Reilly fell and Clarke turned away, returning to the woman.
Garda John Brady said that when Clarke saw Mr Reilly struggling to get up he jumped back up and ran after him, punching him in the back of the head.
Ms Roche said this punch was thrown with force and resulted in Mr Reilly falling a second time when his head hit the concrete.
Judge Murphy sentenced Clarke to six years which she backdated to July 19th, 2004, when he first went into custody.