David Shanley sentencing deferred pending probation report

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Sentencing of David Shanley was deferred at the Central Criminal Court on 22 July 2016 because a probation report was unfinished. The proceedings were reported on 22 July 2016.

David Shanley pleaded not guilty to murder but guilty to the manslaughter of John Lawlor. The report placed the plea six weeks earlier. The killing occurred at Ballinatray Lower, Courtown Harbour, on 24 or 25 December 2014. In the preceding month, prosecution counsel John O'Kelly SC said the State had accepted the manslaughter plea. Defence counsel Patrick Gageby SC described a “complex inter-family relationship at play”.

Detective Sergeant Murt Whelan, of Enniscorthy Garda Station, said Shanley had been on High Court bail since being charged in December 2014. Shanley had been allowed to remain on continuing bail pending the probation report. The detective said Shanley had previously breached a requirement to live at his parent's address by living with his partner outside Gorey.

The court heard that his partner was John Lawlor's widow and that the deceased's daughter also lived there. The report said Shanley cared for his partner, who had serious health problems. Det Sgt Whelan explained that the High Court subsequently varied bail to permit Shanley to live with her to facilitate treatment, requiring him to stay at his parent's address when she was a hospital inpatient. Sign-on conditions also applied.

Patrick Gageby said Shanley had no previous convictions and accepted that the case “had to go one way as there had been a loss of life”. The court heard that Shanley's proximity to the deceased's family caused difficulties. Prosecuting counsel said the family were anxious for the case to be dealt with because he lived in the same village.

Mr Justice Paul Butler said Shanley was entitled to the benefit of a probation report. He questioned the bail conditions and suggested an application to vary them, but did not want to interfere with the bail judge's decision. He urged prosecution and defence to agree suitable arrangements. The matter was adjourned until the following Thursday morning.