Courts / Limerick / Report
Difficulties in bringing prisoners to court sees manslaughter sentence put back until October
Summary
Kevin Coughlan, a 32‑year‑old Limerick man, had his murder conviction quashed after a successful appeal. The Court of Appeal found his original trial unsatisfactory, citing the late presentation of crucial evidence from Deputy State Pathologist Dr Khalid Jaber, who had stated that Francis Greene was strangled before drowning. The court concluded that Coughlan could have been found guilty of manslaughter and therefore quashed the murder conviction, finding him guilty of manslaughter under section 3(1)(d) of the Criminal Procedure Act 1993. Although the court could have imposed a sentence immediately, it decided the sentence should be delivered in the Central Criminal Court. Coughlan was not present for the sentencing hearing, and the judge scheduled the sentence for 5 October, noting that Coughlan will serve a portion of his new sentence in the meantime. Kevin Coughlan pleaded not guilty.
Who, what, where, when and why
What: Report matter: Difficulties in bringing prisoners to court sees manslaughter sentence put back until October. Charges or matters: murdering Francis Greene at Steamboat Quay in Limerick between November 28 and 29 2009. Procedural stage: appeal. Findings: Found guilty
When:
- November 28 Hearing Or Sentence
- December 22, 2011 Hearing Or Sentence
- October 5 Hearing Or Sentence
- 2015-07-29 Publication
Why: Firstly there had been no sentence hearing because the setence for murder was mandatory – life imprisonment – and secondly, the accused in those circumstances would not be able to appeal his sentence and neither would the DPP. CNI source report
Case subjects
Appellant
Charges: murdering Francis Greene at Steamboat Quay in Limerick between November 28 and 29 2009 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; The court could have sentenced Coughlan there and then. Although its predecessor, the Court of Criminal Appeal, might well have been limited to the role of imposing sentence there and then, Mr Justice Ryan said the Court of Appeal was a Constitutional court with inherent jurisdiction to take appropriate measures "in order to do justice". "Fairness and justice required" that Coughlan be sentenced in the Central Criminal Court and he was due to appear for sentencing in that court today.
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