A YOUNG man who carried a knife because he feared for his life has been jailed for five years by Dublin Circuit Criminal Court for the manslaughter of a man who attacked him.
Judge Cyril Kelly said the evidence clearly indicated that the incident in which Alan Marconi fatally stabbed Mr David Cunningham had been started by another youth, Mr David Goulding.
Marconi was violently assaulted by the deceased and Mr Goulding over wrongful allegations against him.
Det Sgt Eugene Brennan had earlier agreed with Mr Denis Vaughan Buckley SC, defending, that Mr Goulding was known to be "aggressive" and "a troublemaker".
Judge Kelly said the fact that Marconi bought the knife he used to protect himself showed criminal intent. He had no alternative but to impose a five year sentence, with the final three years suspended.
Marconi (22), of Fortlawn Avenue, Dublin 15, has been in custody since his arrest some hours after the fatal stabbing, on June 28th, 1996 in Blanchardstown. He admitted the unlawful killing of Mr Cunningham (19).
The court was told that minutes after the stabbing, Marconi helped victims of a car accident on the Ashbourne Road and took a baby to safety from the back of one of the vehicles. Marconi was on his way to hospital at the time for treatment for his injuries.
Det Sgt Brenna agreed also with defence counsel that Marconi was in fear of his life as a result of allegations spread locally about him, but said that did not warrant his carrying a knife.
Mr Vaughan Buckley (with Mr Luigi Rea) said Marconi accepted he was not justified in stabbing Mr Cunningham. He had asked counsel to apologise publicly for him to the Cunningham family.
Det Sgt Brennan told Mr Ken Mills SC (with Ms Una Ni Raifeartaigh), prosecuting, that Marconi was walking with friends along Sheepmore Lawn towards his home when accosted by the deceased man and Mr Goulding. Mr Cunningham and Mr Goulding had been "slagging" Marconi from a distance for a time before that.
Marconi told gardai in his statement that he was headbutted, beaten and kicked before he took out the knife and shouted at them that he had it. He said he punched out at his attackers and realised then he had stabbed them.
Marconi was arrested at Beaumont Hospital, where he was treated for a gash to his head. He told gardai: "I know what I did was wrong. I was only protecting myself. I didn't mean to stab him. I'm sorry."