Killer allegedly not complying with terms of suspended sentence, court hears
A Limerick man who had his conviction for murdering his partner quashed, and was subsequently jailed for her manslaughter, is allegedly not complying with the terms of his suspended sentence, the Central Criminal Court has heard.
On foot of his guilty plea to manslaughter which was accepted by the State, he was sentenced last year to 12 years imprisonment with four suspended for her manslaughter but had already served his time.
Kieran Lynch (50) was sentenced to life in prison In March 2007, after a Central Criminal Court jury found him guilty of the murder of 36-year-old Catherine McEnery.
The Askeaton native had pleaded not guilty to murdering the mother of his son at their home, 'Rose Cottage', in Craughwell, Co Galway on July 17, 2005. They had been living together for ten years and had moved into the traditional cottage the previous month.
Lynch successfully appealed against his murder conviction and a new trial was ordered.
He brought the appeal in December 2013, focusing on two issues: the trial judge’s charge to the jury on provocation and a motion to introduce fresh evidence to the case.
The Court of Criminal Appeal heard that Lynch had a near drowning experience and was given medication of a particularly high dosage shortly before the killing. Extensive reports on the effect of benzodiazepine abuse were prepared for the appeal court and it quashed the conviction last year.
Lynch was arraigned before the Central Criminal Court in May of last year and pleaded not guilty to murder but guilty to manslaughter. The State accepted his plea.
He was back before Mr Justice Patrick McCarthy to be sentenced in July 2016. The judge imposed a 12-year sentence, suspending the last four years for two years post release.
At the time, Lynch entered the witness box and entered a bond to be of good behaviour for two years and abide by the directions of the probation services.
He thanked the judge and walked free from the Criminal Courts of Justice a short time later.
The court heard Monday that Lynch has allegedly failed to comply with the conditions of his suspended sentence in that he has failed to appear at four appointments with probation services and is not residing at the appropriate address.
On the application of the prosecution, Mr Justice McCarthy fixed a hearing date for October 9 and directed that Lynch be served with notice of that date.