This article is from page 4 of the 2011-10-25 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
AN APPEAL in relation to the sentences handed down to two Ennis men for the manslaughter of schoolteacher Brian Casey almost two years ago will take place in December.
Last year, Harry Dinan and his nephew Kevin Dinan were jailed for five and four years respectively for the manslaughter of Brian Casey (26), who was set upon and attacked on a street in Ennis on St Stephen’s night in 2009.
After the sentences were handed down at Ennis Circuit Court in November 2010, the DPP lodged an appeal to the Court of Criminal Appeal on the grounds of “undue leniency”.
The appeal will be heard on December 5, at the Court of Criminal Appeal in Dublin.
In the aftermath of the sentences being handed down, The Clare People revealed that an appeal was being recommended, on the grounds that the sentences were too lenient.
“A case report is being referred to the DPP to consider the leniency of the sentence. There will be a recommendation that the leniency be looked at,” a well-placed source close to the prosecution told The Clare People at the time.
Judge Carroll Moran handed down the sentences at Ennis Circuit Court, after hearing that both Harry Dinan, of Waterpark Heights, Ennis, and Kevin Dinan, of Clarehill, Clarecastle, had several previous convictions.
Harry Dinan – who had 64 previous convictions – was on temporary release at the time of the attack, having received a four-month sentence in October 2009 for motoring offences.
Kevin Dinan – who had 17 previous convictions – was on bail at the time of the attack on Mr Casey, having pleaded guilty to burglary and handling stolen property, in the Circuit Court, five months earlier.
The sentencing hearing was told that Mr Casey, from Lissycasey, was entirely blameless and had “no hand, act or part” in a row that broke out between two groups at O’Connell Square, Ennis, on St Stephen’s night in 2009. His only role, the court was told, was to pick up a friend who had been knocked to the ground in a melee.
As he stood outside Carraig Donn department store with his hands in his pockets shortly before midnight, Mr Casey was struck in the face by Harry Dinan. He fell backwards onto the street. He was then punched repeatedly by Kevin Dinan.
Mr Casey was unconscious. He never regained consciousness and died in hospital two days later.
The row had broken out between two groups and was brought under control by bouncers who were working nearby. The attacks on Mr Casey were described by the prosecution as “unprovoked and cowardly”.
Judge Carroll Moran described Mr Casey’s death as “completely unnecessary” and said that while the two defendants hadn’t intended to kill him, they had intended to harm him.
He said Mr Casey had been unable to defend himself.
He jailed Harry Dinan for five years and imposed a four-year sentence on Kevin Dinan.
“I can’t pass a sentence and throw away the key, so to speak. I’m conscious of that,” he said.