A CORK youth has been freed after a jury found him not guilty of murdering his stepbrother. The Central Criminal Court jury of five men and seven women took just over two hours to deliver their 10-2 majority verdict.
Mr Patrick Foley (17) denied murder of his stepbrother, Mr Thomas O'Sullivan (20), outside their home at Richmount Court, Bandon, Co Cork, in July last year.
The three day trial heard Mr O'Sullivan died after sustaining a single stab wound which pierced his heart. The wound was consistent with having been inflicted by a knife blade which could have been inserted to a depth of five to six inches, the State Pathologist, Dr John Harbison, said.
He agreed it was possible that, if the defendant was holding the knife in a certain position and he had fallen forward, then it could have gone into Mr O'Sullivan's chest.
The defendant's mother told the court the stabbing happened during a fight between her sons outside the family home in the early hours of July 1st last year.
Ms Kathleen O'Sullivan said Patrick had been in foster care until he was 13 years old, when he had returned to the family home. He had suffered from epileptic fits and the family had moved to Bandon so he could go to a special school.
He had left school after his father committed suicide in July, 1994. Patrick had difficulties coming to terms with his father's death. He had become "very bad" and had been admitted to hospital for six weeks after he tried to hang himself and slashed his wrists.
Mrs O'Sullivan said her son Thomas had been freed on temporary release from Cork Prison on June 30th last year and had gone on a drinking spree. He returned home drunk around midnight.
Patrick had also been drinking that day, having spent £25 of his disability money on alcohol. He went to bed just as Thomas returned. She heard Thomas call him to get him drink. She said Thomas could have called his brother, JP, but had called Patrick because he knew Patrick would refuse and a fight would start.
Thomas was jealous of Patrick because she cared a lot for him on account of his being slow, Mrs O'Sullivan said. He would call him "a handicapped bastard" because he had to go to a special school, she said.
She said Thomas went into the bedroom where Patrick was and held a knife to Patrick's throat and invited him outside for a fight. They went outside. She had tried to stop the fight.
She saw Thomas hit Patrick and knock him to the ground. Thomas had told Patrick he had no father and was "a handicapped bastard". She got Thomas off Patrick and told Patrick to run. Patrick went into the house and came out with a knife.
She said Thomas kept calling Patrick names and inviting him to fight. Thomas put up his leg and kicked Patrick in the face. She saw Thomas being stabbed and Patrick said to her "I'm sorry, Mam."
Dr Ivor Shortts, a clinical psychologist, said he had carried out a number of tests on Mr Foley. The results indicated he was within the mild mental handicap range, with a mental age of 11. He was below the average level of functioning.
This would not mean Mr Foley did not know the difference between right and wrong. He would also, under normal circumstances, had he not been intoxicated, know the consequences of stabbing a person.