In nine days, Wayne O'Donoghue will have paid in full his debt to society and will be released from the Midlands Prison, Portlaoise, to start his life anew. Convicted of the manslaughter of Robert Holohan, he was sentenced to four years in prison, but with remission for good behaviour will be released on January 16th, writes John Waters.
He will at this point owe us nothing. But there is, nonetheless, something he can do for this society for which many of us might subsequently be in his debt. What I have in mind is that, contrary to some suggestions in the media in recent days, he might consider not leaving Ireland to start again someplace else, but instead stand his ground and face down his tormentors. This would, in the short run, be difficult for him and his family, but would get easier with time.
For this society and its capacity for fairness and justice, however, it is little short of essential that he stay. His continuing to live here would mean that we might continue to hold that we live in a society in which justice is the prerogative of the State acting through its courts.
If he leaves, his departure will be a sign that the Irish justice system has failed, that its courts no longer carry ultimate authority for the imposition of punishment.
Irish law does not provide for exile as a punishment for any crime. It is true that certain categories of offence attract such a level of public disapproval that an individual convicted of such an offence might voluntarily depart the jurisdiction in order to escape the residual opprobrium of his erstwhile community. But the offence for which O'Donoghue was convicted would not normally fall into this category. Nor could his departure from Ireland in the prevailing circumstances be deemed voluntary.
O'Donoghue's solicitor Frank Buttimer is reported as saying that his client feels it will be very difficult for him to live in Ireland "because of what was said in the victim impact statement by Majella Holohan". He also revealed that his client had been threatened by other prisoners, which further added to his fears.
Although Garda sources are reported as saying they don't expect any problems if O'Donoghue returns to his home town of Midleton, several newspapers reported that locals maintain his return could lead to "difficulties" and he would therefore be better off staying away, "at least for a few years".
It is clear, therefore, that Wayne O'Donoghue's mooted emigration relates not to the crime for which he was convicted, and for which he has nearly completed his sentence, but to an alleged offence for which he was never tried in a court of law and for which no evidence was ever produced. For this he has been tried and convicted in the court of public opinion and in effect sentenced to banishment.
This in itself might not constitute an injustice, it being not uncommon for someone to move on following some shameful episode with or without an element of illegality. What distinguishes this case, however, is that the situation of Wayne O'Donoghuehas arisen precisely because the unproven allegations against him were levelled in a court of law, under privilege, and were therefore enabled to be broadcast with impunity to the country.
A number of media assaults on O'Donoghue were reminiscent of lynch law, the vindictiveness of some commentators providing an abundance of evidence that elements of the Irish media are now so out of control that the legal system's recent shift towards victim-centred thinking can in certain instances result in the destruction of the civil and human rights of an accused.
Some of these matters may in the future be the subject of defamation actions by O'Donoghue.
Although Wayne O'Donoghue has been convicted of manslaughter, no evidence has been offered to substantiate the far more damning charge that he is a paedophile or that there was any sexual element to the killing of Robert Holohan.
It is absolutely imperative that the legal system, which created this difficulty for him, finds a way of ensuring that he can pursue such actions without fear of the media creating a cartel in an attempt to defeat his chances of defending himself.
It should concern us that, so far, our legal system has been unable to assert its authority to protect Wayne O'Donoghue from unjust attack. The court that convicted him had a duty, apart from that of punishing him for the manslaughter of Robert Holohan, to protect him from unwarranted allegations while he was in its care, and this duty it manifestly failed to discharge.
If Wayne O'Donoghue leaves Ireland next week, therefore, he will leave behind a society a little closer to lynch law. Although he will be a free man, those of us left behind will henceforth be subject to this new tyranny for as long as we live.
This is why, as a matter of patriotism, he should refuse to flee.