A CO MAYO man was jailed for nine years at the Central Criminal Court yesterday after he was convicted of the manslaughter of an 18 month old girl.
Mr Justice Flood directed the jury to return a verdict of "not guilty of murder, guilty of manslaughter" in the trial of Peter Carden.
Carden (19), of Killala Road, Ballina, Co Mayo, had denied the murder but admitted the manslaughter of Lisa Marie Sweeney at her home at Childers Heights, on January 31st, 1995.
The two day trial heard Lisa Marie died from subdural haemhorrage due to a fractured skull. In a statement to gardai, Carden admitted that some days before the child died he threw her against a ceiling two or three times and shook her so hard she banged her head against a wall.
Carden told the court yesterday he would like to apologise for what he had done.
As he was speaking, the distraught mother of the dead baby, Ms Mary Moyles Sweeney, screamed: "Apologise? You dirty, rotten, f...ing bastard. My baby's dead. Nothing you can say will bring her back."
Sitting impassively, Carden said: "I just want to say I'm sorry for what I done." Asked if he intended to do it, he said: "No."
Evidence in the trial concluded earlier yesterday after which legal submissions were made in the absence of the jury.
The judge then sent the jury away while he considered the submissions.
When the jury returned at 3 p.m., the judge said he had decided to agree to an application by the defence to direct a verdict of manslaughter in the case.
He noted the defendant had pleaded manslaughter at the outset of the trial.
He said the only evidence in relation to how the baby sustained a subdural haemhorrage was from a statement made by Carden to gardai on April 26th, 1995, in which he spoke of throwing the child in the air and her hitting the ceiling on two or three occasions and where he spoke of shaking her so hard she banged her head against a wall.
The judge said the State had, failed to discharge the onus of proof beyond reasonable doubt where it could be found that the intention of the accused on those occasions was to cause serious, injury.
Mr Denis Vaughan Buckley SC, defending, then asked the judge to deal with the issue of sentence.
Det Garda Edward Naughton said the accused came from a respectable family and had six brothers and sisters. He had left school just before Leaving Certificate and had worked for a time in a cash and carry in Ballina. He had no previous convictions.
The witness said Carden had met Ms Mary Moyles Sweeney, a separated mother of two, on December 9th, 1994, and moved in with her and her two children in mid January 1995. Lisa Marie had been taken to hospital on January 29th, 1995, and died two days later.
He said the relationship continued between the accused and Ms Moyles Sweeney until the accused was arrested in April 1995. There had been no contact between the couple since.
Det Garda Naught on agreed the accused man's parents were very shocked by the death of the little girl and their son's involvement in it. He agreed Carden was concerned about the situation but said he had only explained what he did after he was arrested in April 1995.
He agreed Carden was co operative with gardai after he admitted his role in the child's death and had totally exonerated the child's mother from any involvement in her injuries. Carden had told gardai the incidents happened while Ms Moyles Sweeney was out of the house.
Mrs Noreen Carden said she had seven children, and the accused was her second eldest. She said she knew Peter had pleaded guilty to a very serious offence and had received threats in Ballina concerning what he had done. Mrs Carden agreed she wanted the judge to show whatever mercy he could.
Mr Vaughan Buckley asked the judge to take into account that Carden was a young man, had pleaded guilty to manslaughter and was genuinely remorseful.
Pronouncing sentence, Mr Justice Flood said it would be "true to say this is a tragedy".
He said there was nothing he could do to bring Lisa back and he was deeply distressed at the manner in which the accused had conducted himself with a tiny infant.
It was hard to look at the case with any sympathy for the accused and in fact emotion went the other way, he said.
Mr Justice Flood said Carden I was a young man who would have to live with what he had done for the rest of his life. But that was not enough and it must be made clear to the public that such actions did not meet with a mild sentence.
He said he initially contemplated a 14 or 12 year sentence but, with regard to the fact the accused was a very young man, he wanted to show "light at the end of the tunnel".
The judge said that, "being as lenient as I feel I could be in this ease which horrifies me", he was sentencing Carden to nine years.
He refused leave to appeal but granted legal aid in the event of an appeal.