Limerick man jailed for manslaughter following ‘dispute over cans’

A LIMERICK man has been jailed for six years for the manslaughter of a homeless man who was capped for Ireland at underage level in soccer and rugby.

The victim - Alan Bourke (pictured below) - was killed following a dispute over a bag of cans of Dutch Gold, a sentencing hearing heard earlier this month.

Michael Casey, aged 40, of Cathedral Place, Limerick city had pleaded guilty to the manslaughter of Mr Bourke outside Colbert Station in Limerick city on Good Friday, April 15, 2022.

Casey has a previous conviction for a burglary in Doon in 2015 where John O’Donoghue, aged 62, collapsed and died in his yard after he disturbed the burglars.

During a sentencing hearing earlier this month, prosecuting barrister Anne Rowland SC, instructed by State solicitor Padraig Mawe, outlined the case with the assistance of Detective Garda Dean Landers and Detective Garda Seamus Murphy.

CCTV footage was played of Casey, who was in the company of another man (Mr X) who is before the courts, and a female who is now deceased. CCTV showed Mr X holding a white plastic bag containing cans of Dutch Gold belonging to Mr Bourke on the plaza outside Colbert Station.

Ms Roland said Casey prevented Mr Bourke from retrieving his beer which had been taken from him.

“Mr Bourke did not fight back. The accused struck a violent and aggressive blow,” said the prosecuting barrister. Mr Bourke fell back and hit his head on the pavement, the court heard.

Mobile phone footage showed Casey, Mr X and the female leaving the scene. Mr X wheeled Mr Bourke’s bicycle with the bag of cans hanging from the handlebar.

The prosecuting barrister spoke of the “callousness” of Casey and the other parties. “He was lying on the ground completely motionless. They casually made their way off,” said Ms Roland.

A pathologist’s report said Mr Bourke suffered a fractured skull and brain haemorhage from the fall. There was also bruising to his face and forehead.

A victim impact statement written by Mr Bourke’s sister Diane said “Alan was a loving son, father and friend to many”.

She stated: “Our lives have changed forever. Alan had the biggest heart and was the apple of his late mother’s eye”.

The statement added that instead of celebrating Mr Bourke’s 50th birthday, his family will be putting flowers on his grave.

“We try to remember how he lived and not how he died. To this day I avoid Parnell Street at all costs. It is awful to be scared all the time in your own city. I’m not Alan’s sister anymore, I’m the girl whose brother was killed,” read the victim impact statement.

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Mark Nicholas SC, who represented Casey, said it was a very sad case.

“He instructed me to express his sincere and genuine apologies. He has written heartfelt letters of apology to the court and to the family outlining his absolute regret and sadness. They (Casey and Mr Bourke) were good friends.

“He says, ‘I’m not looking for forgiveness or pity, I just want to apologise’,” said Mr Nicholas.

Judge Dermot Sheehan adjourned the case until this Monday afternoon for judgement. The judge said manslaughter cases are notoriously difficult to administer an appropriate sentence.

Judge Sheehan said Mr Bourke was a sportsman of some note in his youth, had become homeless in later life and was a vulnerable person.

“It was a dispute over a bag of cans. It was a significant assault. There were abrasions and bruising on his face,” said Judge Sheehan.

The judge said the unfortunate and unintentional death of an elderly man in a burglary should have forewarned Casey of the serious consequences of his criminal behaviour.

Judge Sheehan said the callousness of leaving the scene outside Colbert Station was an aggravating factor.

The judge noted Casey's remorse and difficult childhood in foster care.

Judge Sheehan imposed a seven year prison sentence with the final 12 months suspended. The sentence was backdated to April 24, 2022, when Casey was remanded in custody.