An engineering student was yesterday charged with the murder of Midleton schoolboy Robert Holohan (11), whose body was found near a secluded beach some eight days after he disappeared from his family home earlier this year.
Wayne O'Donoghue (20) of Ballyedmond, Midleton, had been charged with the manslaughter of Robert Holohan at Ballyedmond, Midleton on January 4th last but yesterday, the State charged Mr O'Donoghue with Robert's murder and withdrew the manslaughter charge.
Sgt Joe O'Connor gave evidence of arresting, charging and cautioning Mr O'Donoghue with the offence at 9.55am yesterday in Midleton.
When asked if he had anything to say in reply to the murder charge, Mr O'Donoghue said: "No thanks", according to Sgt O'Connor.
Supt Liam Hayes said the Director of Public Prosecutions had asked that the manslaughter charge which was levelled against Mr O'Donoghue on January 17th be withdrawn and Judge Michael Pattwell struck it out.
Mr O'Donoghue's solicitor, Frank Buttimer, said he was applying for free legal aid for his client and he submitted a statement of means in support of his application.
Mr O'Donoghue is a second-year structural engineering student at Cork Institute of Technology.
Judge Pattwell issued Mr O'Donoghue with a warning that he could be prosecuted if any of the information in his statement of means turns out to be untrue. He asked him if he understood and Mr O'Donoghue nodded in acknowledgment.
Supt Hayes told yesterday's sitting of Midleton District Court that the Book of Evidence was ready to be served on Mr O'Donoghue and he asked for a return for trial to the current sittings of the Central Criminal Court sitting in Dublin.
Judge Pattwell asked Mr Buttimer if there was any question regarding Mr O'Donoghue's fitness to plead but Mr Buttimer assured him there was no such issue and Judge Pattwell remanded Mr O'Donoghue in custody to appear at the Central Criminal Court in Dublin on April 28th.
Supt Hayes said the DPP had asked Judge Pattwell to issue a warning to the media concerning coverage of the hearing and Judge Pattwell said he was surprised that the DPP had not made such a request earlier because he believed that media coverage to date had been inappropriate.
"I am surprised, superintendent, that you haven't been making an application already because it appears to me that what has been going on has been in breach of section 4J of the Criminal Procedures Act," said Judge Pattwell before providing a copy of the Act to the media.
Robert Holohan's disappearance on January 4th prompted a massive public response with thousands of volunteers joining gardaí and others in searching around Midleton for over a week before the boy's body was found near Inch Strand near Whitegate on January 12th.
Mr O'Donoghue was arrested and charged with the manslaughter of Robert Holohan on January 17th and had been remanded in custody on seven occasions up to yesterday when he was charged with murder. He has made no application for bail to date.
Mr O'Donoghue's father, Raymond, attended yesterday's hearing while Robert Holohan's parents, Mark and Majella, and his uncles, David Holohan and Aidan Murray, were also present to see Mr O'Donoghue charged with the schoolboy's murder.
