Sudden end to trial for publican’s manslaughter

The trial of a Romanian man charged with the manslaughter of schoolteacher John Kenny in his pub in Oughterard in 2011, ended abruptly yesterday when the prosecution withdrew the charge from the jury.

Marian Lingurar (37), with a former address at 29 Orchard Court, Blackpool, Cork, had earlier denied the unlawful killing of Mr Kenny at his pub on Main Street, Oughterard, on September 25, 2011, contrary to Common Law.

The prosecution entered a nolle prosequi in the manslaughter charge on Tuesday after accepting a plea to a lesser charge against the accused of withholding information during the Garda investigation into Mr Kenny’s death.  Sentence has been adjourned to April 30.

Earlier on Tuesday afternoon, Shane Costello SC had opened the prosecution case to the jury of six women and six men.

He said evidence in the case was circumstantial as there were no independent witnesses to the offence but it was the State’s case that the accused was part of a group of people who set about robbing John Kenny in his pub that night.

He said the accused drove three other people from Galway to the public house and back again to Galway that night.

Amongst the people he drove was Florin Fitzpatrick – a Romanian man who became an Irish citizen through marriage – along with a juvenile and a third man, named as Vasile Muntean.

“They all went there with the intention of robbing Mr Kenny. The allegation is that the accused drove these men to the premises from Galway and back. Florin was working behind the bar while the juvenile was doing security at the door.

At some stage the accused drove Vasile Muntean to the pub and all four were there after the pub closed.

“Mr Kenny was beaten so severely be died from his injuries. His body was discovered the next day by his wife and daughter. He had been tied up and restrained.

“He died as a result of the beating he sustained,” Mr Costello told the jury.

While the prosecution, he said, could not prove Lingurar took park in the robbery, he did participate in the crime by driving the others to and from the premises, and was as liable and as culpable as the others.

“It cannot be proved who caused the death, but he was an active participant in the robbery that night.

“He actively participated in the robbery of the pub and of Mr Kenny and he is liable for the death of Mr Kenny. That is the prosecution case,” Mr Costello told the jury.

However, shortly afterwards, Mr Costello told Judge Rory McCabe that the prosecution was not proceeding with the manslaughter charge and that the accused could be arraigned on a second charge of withholding information.

Lingurar then pleaded guilty to withholding information from Gardaí which would assist in the apprehension and subsequent prosecution of another person in connection with the death of Mr Kenny.

Mr Costello said that plea was acceptable to the prosecution and he entered a nolle prosequi in relation to the manslaughter charge.

Judge McCabe discharged the jury and adjourned sentence in the matter to April 30 to allow Mr Kenny’s family time to prepare victim impact statements which, he said, would be taken into consideration on that date.

The body of Mr Kenny, who was a teacher at Presentation College Athenry, was found the day after his death on the floor of a room in his pub with his hands tied behind his back.

A post-mortem examination carried out on Mr Kenny’s body at the time by State Pathologist Prof Marie Cassidy showed his death was the result of an assault.