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Judge to ‘sleep on’ decision in apartment fire case

This article is from page 3 of the 2011-01-11 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 3 JPG

AN INCIDENT in which a quilt was set on fire while a woman was lying on it was described yesterday by a judge as “unique”.

Judge Carroll Moran made the comment after hearing that were it not for gardaí who fought smoke and fumes, two people would have been killed in an apartment fire in Ennis. The woman lying on the quilt when it was set alight suffered what was described in court as “horrific” injuries.

Michael Keane (44), of Cappamore, Barefield, admitted setting alight a quilt, which created substantial risk of death or serious harm, at Childers Road, Ennis, on July 2, 2008. He also admitted causing harm to Josephine Moloney and pleaded guilty to arson, on the same date.

Sergeant Mark Murphy told Ennis Circuit Court that gardaí received a call indicating that people were trapped in a house fire. On arrival gardaí heard a male voice calling.

“Visibility was nil. Garda Derek Williams couldn’t see. He was using touch. Because of the smoke and heat, his only sense was touch. He went in at least three times. He had to come out to catch his breath,” said Sgt Murphy.

He said that the accused was living in the apartment and Ms Moloney was co-habiting with him. Both had been drinking and an argument took place in relation to a missing mobile phone.

He said that Ms Moloney lay on a quilt on the floor in the bedroom and the accused threatened to set fire to it, if he wasn’t given the phone. He then set fire to a thread of two inches on the corner of the quilt with a cigarette lighter.

“He stamped out the flame. He said he thought it was quenched. He then went in to the bathroom and read The Irish Times for 10 to 15 minutes,” said Sgt Murphy.

When he came out of the bathroom, Keane smelt smoke and saw that the living room was full of smoke. He called Ms Moloney and tried to get water from the bathroom to quench the fire, said Sgt Murphy, but “he didn’t make the bathroom. We assume he fell unconscious at that time”.

Keane and Ms Moloney were both rescued from the house and were tak- en to hospital with serious injuries.

Ms Moloney (41) sustained serious injuries. She suffered second degree burns to several parts of her body, including to her face, ear, neck, chest, arm, hand, abdomen and thigh.

Judge Moran said: “I have been sitting as a judge for over 13 years and have been doing crime (cases) for most of that time. I really haven’t come across a case like this before. It’s quite unique. I really don’t know how to approach this. I’ll sleep on it.”

He adjourned sentencing until March.

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