A Blast From the Past

2010 March 11

November 2008 seems like a lifetime ago.  Back then I had only just started this blog and was preparing for my book Devil in the Red Dress to come out.  Since May 22 I had been eating, sleeping and breathing the story of Sharon Collins and her hitman for hire, Essam Eid first during an eight week trial and then as I picked over the six notebooks of notes as I wrote my book.  Then at the start of November Sharon and Eid were both sentenced to six years in jail and less than a fortnight later my book came out.

Today was the first time seeing the two of them again since that November day.  Both of them are appealing and today marked the start of that appeal.  The courtroom was different, even the building was different but seeing all the main players again in the flesh brought it all flooding back.

Both Sharon and Eid looked well.  She came into the courtroom shortly before 11 o’clock, wearing the familiar black trouser suit and white blouse combination she had worn throughout her trial.  She had lost weight since her sentencing and her hair was longer, twisted up into a loose French twist, her face framed in with a wispy fringe.  She was looking very groomed, with far more makeup than she had worn during the trial, we were speculating whether she had been making use of the many trainee beauticians in the women’s Dochas prison where she’s spent the last year.  She looked younger than her 46 years and very small and vulnerable.

Her elder son Gary had come to support her, he was the only one who was there for her today.  There was no sign of her beloved PJ, the man she was convicted of conspiring to kill and of soliciting Eid to kill for her.  His sons Niall and Robert were also absent, although that’s perhaps unsurprising since they obviously found the trial itself extremely wearing.  Also missing was her younger son David, a constant presence during her trial, or the boy’s father Noel. 

When his mother entered the court Gary immediately went over to her and sat beside her in the dock to exchange a few words and give her a hug.  But mother and son only had a couple of tender moments to share before the doors to the cell area opened again and her co-accused Essam Eid made his entrance.

He cut a dashing figure today.  Gone was the casual look he had sported throughout the trial, instead he was wearing a sharp dark grey suit with a snazzy red and black tie.  His hair as well had grown in jail and was greyer than it had been.  The moustache he now wore on his upper lip was pure grey.  He looked far more imposing than he had before, graver than the smiling joker who had watched the evidence mount against him with amusement, one of those observing him remarked on his “statesman-like” appearance.

The legal teams were all back in force with one noted exception.  Sharon’s senior counsel was no longer Paul O’Higgins.  This time she went with the eminent Mr Brendan Grehan, one of the countries top defence barristers.

When the three judges had taken their seat Tom O’Connell SC stood up on behalf of the DPP to make a rather surprising announcement.  He told the court that the DPP could not stand over Collins’ three convictions for conspiring to kill PJ, Robert and Niall Howard.  The problem was that the jury had failed to convict Eid, the person named on the charge as the other half of the conspiracy.  They had failed to reach a decision on the charges but the net result was that he was not convicted.  If he hadn’t conspired then logically she couldn’t have conspired with him.  The convictions were therefore “simply unsustainable” in the view of the verdict.

Eid’s counsel David Sutton SC stood up to announce that his client would not after all be appealing his conviction on charges of handling stolen goods and of extorting €100,000 from Robert Howard.  However, he would be appealing the length of his sentence.  His appeal has been put back until tomorrow to allow the three judge panel time to consider the issue of sentencing.  Eid and his legal team quietly left the court and the stage was now clear for Brendan Grehan to set the stage for Sharon’s appeal.

She will be appealing on four separate grounds, Mr Grehan informed the court.  Firstly that one of the defence witnesses, a Mr John Keating, had been erroneously treated as an alibi witness by both the defence and the judge in his summing up.  Consequently his credibility had been attacked on the witness stand and this had the knock on effect of forcing Sharon to take the stand to fight her corner.  Mr Keating had testified that he had been with her on the morning of August 16th, when she was supposed to have sent the first email to the hitmanforhire.us website to hire the services of the mysterious Tony Luciano.

The second ground on which Collins is hoping to get the soliciting charges quashed is that the judges charge did not sufficiently explain the charge of soliciting to the jury.  Mr Grehan said today that the soliciting charges had always been there as a fall back for the prosecution, the whole thrust of their case had been centred around the conspiracy charges.  He said that, given the jury’s verdict on the conspiracy charges it was unclear how they had approached the matter of soliciting.

Junior counsel Michael Bowman will handle the other two grounds.  Today he explained the third ground, that key prosecution witness Teresa Engle should never have taken the stand at all.  In the early days of the trial there was a week of heated debate over whether or not Ms Engle, Eid’s partner in crime and second “wife”, should take the stand.  Today Mr Bowman explained that Ms Engle’s evidence had not made up part of the book of evidence.  The defence had only been given her statements on May 8th 2008, less than two weeks before the trial was due to start.  She had only made a further statement on the cooking of the lethal toxin ricin in the kitchen of the house she shared with Eid and his other wife Lisa at Camden Cove in Las Vegas.  He said that the prosecution had not disclosed the information about Ms Engle sufficiently.

Mr Bowman said that Ms Engle should never have taken the stand.  He also said that given the weight of evidence that had gone to prove Ms Collins was behind the lyingeyes98 Yahoo email address that had corresponded with Tony Luciano, the same weight of evidence had not been available to prove that Essam Eid was behind Tony Luciano.  He said that because the FBI had not provided a similar forensic examination of the computers they had seized from the Camden Cove house, it was impossible to prove that Eid had been the one using the address.  He pointed out that the date of birth given in setting up the account was that of Teresa Engle not Eid and that there was evidence that suggested she had been accessing email addresses for Eid, Tony Luciano and hitmanforhire. 

Tom O’Connell objected that the defence had not raised the issue of the computers in the original trial and had simply been looking for Teresa Engle’s statements.

The fourth ground for appeal will be dealt with tomorrow, before the prosecution have their day on things.  It will concern the ricin evidence itself.  The defence complained during the trial that they were not able to independently test the samples taken from a contact lens case found in Eid’s cell at Limerick prison on the word of Ms Engle.

It’s fascinating hearing all these details again.  I’ve worked on so many other trials in the mean time that the details of this, even after writing Devil, had faded somewhat.  Today brought them right back.  The issue of the ricin is an interesting one.  I devoted a chapter of Devil to it and noted that it was strange that the FBI didn’t get more excited about the finding of a food mixer used in it’s production and still stained in a thick white silt of the stuff.  When a man was found with a couple of vials of home made ricin in a motel room in Vegas the authorites were all over it and the Justice Department even noted how pure the stuff had been in their press release.  There was nothing like that in the case of the search of the Eid home.

The suggestion that Engle could have been behind Tony Luciano is also an interesting one.  It was vaguely alluded to during the trial but the tone of the flirty emails that went between the lyingeyes98 account and Tony Luciano always seemed to fit Eid better.  Luciano also sent Lyingeyes several photos showing Eid.  one in his prized yellow sports car and another with his daughter Aya.

It’s been interesting to revisit this case.  It was always one of the most bizarre and it’s not disappointing on a revisit.

The Devil in the Red Dress Due Back in Court

2010 March 7

On Thursday this week I’ll be back in court for the first time since the Eamonn Lillis trial came to a close.  It’ll be a different court, Criminal Appeal not the Central, but the name on the list is another headlines grabber.

Sharon Collins was convicted at the end of 2008 of conspiring to murder her partner, millionaire property tycoon PJ Howard, and his two adult sons.  She might have been successful if she had looked somewhere other than the Internet for her hitman, but as it turned out she ended up with hapless Las Vegas Poker dealer Essam Eid.

Sharon had no idea that Eid wasn’t what he said though and entered into a flirty correspondence with him, plotting all the gruesome details of the triple death.  Eid had set up a website – you can see the archived page by clicking on the link at the right of this page – but he wasn’t very good at following through.

In September 2006, when the hit was supposed to go down, he arrived in Ennis, Co. Clare with his girlfriend / wife (depending on who you talk to) Theresa Engle.  But instead of carrying out a hit they engaged in a bit of extortion instead.  Eid turned up on the doorstep of Howard’s sons house and told them what was going on, then with a devastating failure to understand the fundamentals of the con, he offered people who had nothing to lose by going to the cops, an offer he thought they couldn’t refuse.  To cut a long story short, they refused the offer and went to the cops. 

The rest, they say, is history.  The story is the plot of my book Devil in the Red Dress, so actually you can read all this is more detail by clicking on The Story Behind the Book at the top of the page.  It’s going to be very interesting to see my cast again. I got to be on nodding terms and even chatting terms with both Collins and Eid over the course of the mammoth eight week trial in the Summer of 2008.  I’ve not seen a trial like it before or since and then when I researched the book I realised the story was even more interesting than what we’d read of in court.

We don’t know what grounds either of them are appealing on but I will bet the events in a court room on the other side of the Atlantic at least get a nod.  You see, only weeks before Eid arrived in Co. Clare, he had done the exact same thing in LA and his love interest Theresa Engle arrived back in the states to face those charges not long before her former lover was sentenced to six years in jail here.  She was sentenced to eight months in jail, which she duly served and is apparently now back with her former husband who was even good enough to act as a character witness for her when she faced trial.

Here in Ireland the twisted story that was the love life of Essam Eid and his two wives was very much an after thought but researching the case I found it absolutely fascinating.  There are also some extraordinary parallels with the kinky goings on that Sharon described to the Gerry Ryan show when she wrote to them complaining about her relationship.

It’s been a while since I’ve covered this story but I will be back on Thursday for old time’s sake.  I’ll be blogging here and I’m sure updating on Twitter as proceedings go on.  It’s been a busy year so far so it’ll be nice to step back onto familiar ground once more.  I’ve never come across a case that reads so much like a Cohen brothers film and it was a fun one to write.  If you’re interested in the whole story, it’s all in Devil emails, letters and all  At the risk of a shameless self plug, it is definitely worth a read.

The Lure of the Financial Affairs of the Convicted

2010 March 2

Yesterday in the  High Court the ongoing story of Eamonn Lillis made a brief appearance.  Lillis is serving his time in Wheatfield Prison in Dublin, anyone who reads the papers knows that his prisoner number is now 55511 and that he shares a landing with such high profile names as David Bourke and Finn Colclough.

But this latest twist in the story was of a far more practical nature.  As Celine Cawley’s husband, Lillis was automatically the executor of her estate.  Yesterday he relinquished that right and the role of executor was instead handed over to Celine’s brother and sister, Chris Cawley and Susanna Coonan.

A woman dies and the husband is accused of killing her these small details of a person’s death take on a new significance.  Whether convicted of murder or manslaughter or even acquitted, once the husband has been looked at in this way small matters of probate become front page news.  It’s actually quite unusual to see a story like this one, where the paper work has been filed at an early stage after conviction and matters appear to be running smoothly.

Compare the headlines in today’s papers, like this one or this, with the kind of stories that have appeared in the past.  Joe O’Reilly had a five year battle with his wife’s family over what name should be put on her tombstone. Brian Kearney has hit the headlines for his attempted sale of the Hotel Salvia in Mallorca that he ran with his wife Siobhan.  Both men were convicted of murdering their wives.

There were plenty of indignant front pages about attempts by John O’Brien to reclaim items belonging to his wife Meg Walsh, that gardai had seized when they were investigating him for her murder.  Despite the fact that Mr O’Brien was acquitted of the crime his involvement in these matters has continued to generate substantial column inches.

Eamonn Lillis is the latest man to enter the exclusive club of high profile Irish wife killers.  He was convicted last month of her manslaughter.  Despite the fact that a jury of his peers have decided he did not intend to kill his wife, although he was responsible for her death, his financial affairs especially those that are in some way connected with his wife, will continue to make news.

There has already been indignant coverage of the fact that Lillis will inherit half his wife’s estate and a half share of the money raised from the sale of her company Toytown Films.  I can see why these stories hit the headlines I’ve just seldom seen a case when the headlines is because someone isn’t doing something rather than because they are.

But then the Lillis case has been an unusual one in a lot of ways.

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In completely unrelated news tonight I am a contributor on a new TV3 series on Irish television called Aftermath.  I was in last night’s episode talking about the murder of Swiss student Manuela Riedo in Galway.  The episode is now up online on the TV3 website if you fancy a look.

No Sign of an Appeal from Lillis

2010 February 27

As of close of business yesterday Eamonn Lillis had not lodged any appeal of his sentence or his conviction for manslaughter.  This made the papers today because we’ve all become so used to seeing high profile appeals in murder and manslaughter cases.  Finn Colclough’s appeal yesterday for example or the upcoming appeal of Sharon Collins and Essam Eid, the subjects of my book Devil in the Red Dress. 

It was expected that Lillis would appeal, especially since his counsel Brendan Grehan SC, had asked for the jury to be discharged after they had been charged by Mr Justice Barry White.  Appeals of convictions can only be taken on a legal matter since the jury’s decision cannot be questioned.  Close of business day marked the latest time he could apply for an automatic appeal hearing.  That doesn’t rule out an eventual appeal, it simply means it will be a lot harder to do so as he will first need to apply for leave to appeal with the Court of Criminal Appeal.

It’ll be interesting to see whether or not there is an eventual appeal.  If not then Lillis will have the distinction of being one of the very few high profile convicts not to have appealed his sentence or conviction after pleading his innocence throughout his trial.  It’s the usual codicil after a high profile trial.

I could understand why he wouldn’t appeal though.  Throughout the trial he was extremely steadfast about his intention to shield his daughter from as much further stress as possible.  Of course we shall never know exactly why an appeal isn’t taken, and at this stage one still might be, but it is an interesting addendum to what has been a fascinating trial.

Revisiting a Familiar Case

2010 February 26

Finn Colclough will get out of jail two years sooner than he was expecting after today.  He had appealed his ten year sentence for the manslaughter of Sean Nolan just before Christmas.  Today he learned he had been successful.  The three judge Court of Criminal Appeal ruled that Judge Paul Carney should have taken into the account that Finn would have willingly pleaded guilty to manslaughter when deciding on sentence.

Out of all the trials I’ve covered in my time down in the Criminal Courts the Colclough trial was one of the most tragic.  Finn had been celebrating the end of the school term, out with his family for a 21st birthday part.  He was only 17.

Sean Nolan was celebrating the end of secondary school. out with friends.  He was searching for a girl he knew Sara, in the Waterloo Road area of Dublin 4 when he bumped into Finn and 2 friends.  It was around 4 in the morning.

There was a misunderstanding, Sean and his friends were looking for a corkscrew to open the bottle of wine they had bought on the way.  Finn and his friends got scared when the older boys shouted from the road in their quest.

Finn came running out with 2 knives. Sean stepped forward.  They struggled.  Sean was fatally stabbed.  It was a case of almost breathtaking tragedy.  One that had no sense to it, no logic.

I’ve written at length on the case here in the past so I’m not going to revisit now.  I will say that in light of other manslaughter sentences Finn Colclough’s was on the long side.  The fact that ten years doesn’t seem long for taking someone’s like doesn’t come into it, these are the sentences the court hands down for manslaughter.  I’m not surprised that the CCA decided as they did and I shall be interested to read their ruling at a later date.

Speaking outside the new courthouse today Sean’s mother Charlotte Nolan said that she was happy the legal process was over and that the ten year sentence still stood.

She also called for urgent changes in legislation to tackle what she referred to as the “epidemic of knife crime”.  She’s not alone in this.  I’ve heard several judges including Paul Carney speak out about the prevalence of knife crime primarily among the young men in our society.  It’s a subject that we will hear of again, probably the next time a young life is tragically lost after a night of drinking. You may hear about, you may not.  Unfortunately there are so many cases like that going through the courts and not all of them have the handy hook of an exclusive address.

An Introspective Pause

2010 February 23
by Abigail

I started this blog over a year ago just after I had finished writing Devil in the Red Dress.  Back then the idea was for it to help sell the book…I had read so much on author platforms and self marketing that it was coming out of my ears.  I didn’t have much idea about what I was actually doing but I had read plenty of author blogs and wanted to make my own small contribution to that rather saturated area.

So I wrote away to my tiny audience.  I spent most of my time talking about the trial the book was written about until I bored myself.  That’s when I started writing about other trials.  Freelancing down at the courts there was plenty to choose from.  That’s what I’ve been doing ever since.  I write about my day to day work and, as it interests me, I assume there must be someone out with the same interest.

A few weeks after I started the blog I signed up to Twitter.  I took a while after that to realise that I could tweet my posts and reach a whole new area but eventually the penny dropped and I haven’t looked back. 

I treat what I write here as another form of journalism.  A more casual, intimate form granted but it’s still all for publication.  Even so I’m still writing in a kind of vacuum since I don’t have the interaction with an editor that I would have with a book or an article.  This gives freedom to write what I want but it’s also a little like using a trapeze without a safety net.  It’s easy to forget what a vast audience you’re talking to when you write online – I still get surprised by the random people who come up to me and say they’ve been reading the blog.  It can also be a little scary when you don’t know who’s reading. 

I know this is the case with any form of conventional media but somehow writing online feels different to that.  I know when I’m writing for a particular publication I’ve a rough idea who the audience is.  With blogging you can reach anyone who types the name of a defendant into a search engine.  I know that there have been quite a few instances where those directly involved in the trials I’ve covered, perhaps even people who’ve taken the stand and who I’ve written about, have visited this blog.  I hope they feel it’s easier to directly respond to what I write.  I can only say what I observe and always try to be as fair and balanced as I can but I’m only human.

Because I don’t have a buffer of an editorial desk behind me when I write here it feels like I’m a lot more accountable. I’m not saying that I’m not when I write for the conventional media when it comes to stuff like balance, objectivity and of course, getting the facts right, but blogging feels more personal.

It’s probably partly because court reported as a discipline is naturally rather formulaic.  You have the cushion of familiarity with any trial.  You’re divorced from real engagement because each trial follows the same pattern.  I’m used to post mortems, victim impact statements and the inevitable scrum that follows any high profile case.  That can give a veneer of something approaching callousness when I talk about things.  It’s probably very similar to academic distance, a remove and cold analysis of everything you see.  It probably sounds very flippant sometimes.

I apologise for the gratuitous navel gazing here. I’ve been writing about the media gaze recently and it’s made me think about what it is I do.  This is probably partly the result of not having a trial to follow at the moment and being engaged in other projects – introspection can creep in.  I’m not making any particular grand point here just musing on the nature of what I do.  I’ll be back commenting on the courts before long…and speaking of Devil, Sharon Collins and Essam Eid will be having their appeal in a couple of weeks so I’ll be back full circle. 

In other news I’m on the long list of the Irish Blog Awards in the categories of Best Blog by a Journalist and Best Specialist Blog.  I’m honoured to be nominated and in such strong company as well.  Although continued navel gazing probably won’t do me any favours there!

 

Irish Blog Awards logo

Now that the Dust has Settled

2010 February 11

It’s been a hectic start to the year.  Since January 11th almost every waking hour has been taken up with the Eamonn Lillis trial.  I’ve covered it for the Sunday Independent and for Hot Press.  I’ve written about it here and on Twitter. I’m not the only one.  Pretty much every journalist in Dublin who covers the courts has been totally obsessed with the lives of Eamonn Lillis, Celine Cawley and Jean Treacy.

It happens every time there’s a big trial, the kind where newsdesks devote daily double page spreads to each days evidence, the kind we’ve been having once or twice a year since the flood gates opened with the criminal extravaganza that was the Joe O’Reilly trial.  I’m not getting into whether or not the media pay too much attention to big trials, after all it’s what I do for a living, but covering one like the Lillis trial is an all consuming experience.

I’ve covered courts on both sides of big trials.  When the O’Reilly trial was going on I had the job of covering every other murder that took place in that three week period.  It was a busy time, although you wouldn’t have known it from your daily paper.  Every day of the O’Reilly trial there was at least one other murder trial going on.  I covered all of them (luckily none of them actually ran at the same time as each other although there were one or two overlaps).

It’s a little surreal covering a trial when there’s something like the Joe Show going on next door.  There were days when even the accused seemed more interest ted in what was going on on the other side of the Round Hall than the evidence that was coming up in his own trial.  Maybe it’s because of the circumstances, or because I was still fairly new to the job, but I can still remember the names of the accused in each of those trials.  It might also have been because all three trials were acquittals, which don’t happen that often.

There was the taxi driver’s son acquitted of murder after he had been the subject of an unprovoked attack while he was walking his dogs.  Then there was the two traveller guys accused of attempting to murder another fella.  When they were acquitted the chief prosecution witness was one of those waiting outside the courts who lifted the freed men cheering onto their shoulders.  During that trial, the defence insisted the jury see a wall that featured heavily in the prosecution’s case so we all went on a junket to the estate.  The locals all came out of their houses to see what on earth was going on and Mr Justice Paul Carney posed for photographs.

Then there was the trial where the chief prosecution witness seemed to know a lot more than he let on.  Something the jury obviously picked up on as they acquitted the accused despite two days of particularly damning testimony from the witness.

I’ve been thinking about those weeks on and off this week because I suddenly realise that there were a lot of things I was supposed to be keeping an eye on that I’ve written about on this blog.  Ann Burke for example, the 56-year-old mother from Laois, who was convicted of the manslaughter of her abusive husband before Christmas.  I wrote about the trial here so I won’t recap but she was supposed to be sentenced during the Lillis trial.  I noticed several people have arrived at this blog looking for information on the sentencing so I checked it out.  As it turned out I didn’t miss it with all the Lillis circus.  Her sentencing has been deferred until March 22nd so I’ll keep an eye out.

Another one that’s pending is the result of Finn Colclough’s appeal.  Finn was convicted back in December 2008 of the manslaughter of Sean Nolan.  The trial got a fair bit of attention, partly because it happened on Waterloo Road in posh Dublin 4 and partly because Finn’s mother Alix Gardener was a TV chef.  I’ve written about it at length here as well so I won’t recap more than that.  Anyway, the ruling was deferred before Christmas and as yet there’s been no word.  Again I’ll write a post when there’s a judgement.  It looks like it might be an interesting one.

Now that the dust has settled there’s time to catch up on all the stories I missed.  I don’t think Lillis has gone away but at least there are no more crowds and things are getting more back to normal.

And We’re Back to The Subject of Sentences

2010 February 7

No this isn’t a writing related post, I’m not talking those kind of sentences.  I’m talking about the sentences handed down by Irish courts, the Central Criminal Court in particular and Eamonn Lillis’s sentence to be specific.

Since he was given seven years on Friday the papers and the airwaves have been full of condemnation of judge Barry White’s sentence.  I agree that seven years, or six years and eleven months to be precise, isn’t a lot for the taking of a human life but it’s not an unusual length for a manslaughter sentence in the Irish courts.

I’ve written here before about the need for more severe minimum sentences for crimes  like manslaughter and rape but it’s an ongoing problem. 

When I was asked on Twitter what I thought the sentence was going to be on Friday morning I said that I thought it would be in the area of seven to ten years.  I was going by what I’d seen in previous trials and knowledge of the judge involved.  As it turned out Mr Justice White said that he considered the correct sentence to be ten years, but reduced it on considering mitigating factors – chief of which appeared to be the level of media scrutiny Lillis can expect when he gets out of jail.

I’m not going near the whole media as mitigation thing.  We do our job and Eamonn Lillis, or for that matter Jean Treacy, would not have been of interest if he hadn’t killed his wife.  That’s the way it works.  Newspapers wouldn’t waste the ink if stories like this didn’t sell papers.  While I’ll admit that some of my colleagues might fan the flames of interest quite strenuously, they, or for that matter myself, would not be concerned with this kind of story if it didn’t pay the bills.  As a species we are fascinated with our own kind.  Crime allows us greater access to the workings of people’s lives and minds than we get in the normal paths of our daily lives.  But I’m going off the point, this post is about sentences.

A lot of people are saying that Eamonn Lillis got what is perceived as a light sentence because he is rich.  His route through life might have been eased by money but when it comes to the courts it generally makes very little difference.  I’ve seen people at both ends of the social spectrum have the book thrown at them, for different reasons and I’ve seen sympathy shown just as diversely.

Finn Colclough, from Waterloo Road in Dublin, was given ten years for the manslaughter of Sean Nolan but it’s not just those with posh addresses.  In April 2008 21-year-old Limerick student Jody Buston was sentenced to a mere 6 years for stabbing a pensioner in the heart after wandering into his house and mistaking the old man for a ghost.  The year before three Limerick teenagers who had intentionally run over apprentice electrician Darren Coughlan after mistaking him for someone else were given a maximum of seven years.  Finally in November last year the first person to be convicted in the new criminal courts complex at Parkgate Street was sentenced to ten years for stabbing a man outside a Galway pub.

If sentences are too short in the Irish court system it’s generally not due to some partiality of judges or an old boys club of partiality in terms of the accused, it’s because that’s the way the law is.  It’s even worse when it comes to rapes.  I’ve written here before about the Court of Criminal Appeal overturning the life sentence handed down to Philip Sullivan who raped two small boys.  It’s a problem throughout the system and one, certainly that needs to be changed.

But shouting about it because of perceived social inequality is missing the point and allowing for the wider issue to be ignored.  Eamonn Lillis didn’t get seven years because he’s a millionaire, he got it because that was what he was always going to get if convicted of manslaughter.  The fault is with the system on this one, not the individual judges.

The Sentence is Finally Given

2010 February 5

There wasn’t a sound as judge Barry White read out his judgement.  Eamonn Lillis stood to attention, his eyes fixed on the judge, his chin tilted upwards in the nervously arrogant gesture he adopted each time the going got tough during his trial.  Ultimately though the news wasn’t as bad as it could have been.

The court was not as full as it had been throughout the three week trial.  Today and yesterday the throngs of public had been banished to the downstairs viewing room where they could watch proceedings on a live video feed.  For once the Cawley family did not have shopping bags resting on the back of their bench and a press of bodies leaning over them as hearing aids struggled with the acoustics of the court.

Lillis’s friends and family sat, as they had throughout the trial in the second row to the side of the now empty jury box.  His younger sister Carmel and friend Gerry Kennedy, who spoke in his defence at yesterday’s hearing, were able to talk briefly to the convicted man after his first night in custody.  When he came into court, a few moments after 11 o’clock, he looked more relaxed than he had during the trial, as if the worst was over and all he was now waiting for was to know when it would finally end.

Judge White took his seat at 11.08 and Lillis got to his feet.  The judgement was lengthy and considered.  Judge White told Lillis that he he had at least had the decency to call the emergency services after he had injured his wife and had aided them in their attempts to save her but this, in his opinion was “the only decent action or actions you committed on that particular morning.”

He said that Lillis’s continuing lies, the changing and hiding of his clothes and the blaming of an innocent man were purely to conceal his own guilt and that he considered Lillis’s admissions at the start of the trial, principally that his story of a masked assailant was a complete fabrication, were merely self serving.

Judge White also said that he did not believe Lillis’s apology to the court yesterday.  He said that a plea to manslaughter at an earlier stage in the investigation, even if it had been refused by the Director of Public Prosecutions, would have shown genuine contrition and remorse.

Lillis did not falter as the judge told him that considering the facts of the case and considering the lies and deceit he had practised the appropriate sentence for his crime was ten years.  There was a slight gasp in the court room from Lillis’s family as the figure was mentioned.  The Cawley family sat tensely as the judge continued his judgement, turning  now to the mitigating factors he must take into account.

Judge White said that it was obvious Celine Cawley’s death had a devastating effect on people of all ages, from her 80-year-old father to her 17-year-old daughter as her sister Suzanna’s victim impact statement yesterday had shown.  He said that the victim impact statement handed in on behalf of Mr Lillis’s daughter had shown strongly how a 16-year-old girl had changed into a hardened 17-year-old adult.

He said he accepted that Lillis’s actions had been out of character although he found this hard to reconcile with Lillis’s own account of the row with his wife, in which he shoved the brick at her and told her to “shove it where the sun doesn’t shine”.

However he said he also took into account the fact that the case had received considerable media attention and publicity and that this was likely to continue even after Lillis had served his time in prison.  The final sentence he handed down was for seven years, reduced to 6 years and 11 months to take into account the time Lillis had served on remand.

Then he turned to the media.  Looking at the three rows of journalists sitting in front of him, with others scattered around the court Barry White said that after reading the victim impact statements he thought that the media had “little or no respect for the privacy or dignity of the Cawley family”  He continued “it’s also clear to me watching news bulletins that there has been  a constant media scrum whenever you entered or left the building.  I consider that to be an affront to human dignity.”

He asked the media to respect the privacy of the Cawley family from now on.

In the silence that followed defence counsel Brendan Grehan formally asked for leave to appeal and received the formal refusal. Lillis must first apply for leave to appeal with the Court of Criminal Appeal before being granted one.

Lillis was led away by the waiting prison officers.  He will not be seen again until his release, if the press are as dogged as Judge White fears.  Celine’s father James Cawley went over to Inspector Dave Dowling and the two men embraced.  Mr Cawley was heard to say quietly “Thank God it’s all over now”.

Celine’s sister Suzanna went over to Lillis’s sister Carmel and handed her a small folded note.  The two women shook hands and hugged, slightly awkwardly in the crowded court.  Celine’s brother Chris had left after the sentence was delivered, following his wife’s sudden departure from the court.

Outside, the usual press scrum was a muted affair.  The journalists stood to one side as the Cawley family stood for the waiting photographers.  Then they moved in for Chris Cawley and Celine’s brother-in-law Andrew Coonan to speak.

After thanking their friends and neighbours and the gardai who conducted the investigation Chris Cawley broke down as he remembered his sister as a dynamic, kind, successful, fun loving, caring person.  “She had a beautiful energy that lit up so many lives.”

In Memory of a Sister Lost

2010 February 4

Eamonn Lillis sat staring ahead, his finger crooked under his nose, rocking gently backwards and forwards as the sentence hearing got underway.  As he had done throughout his trial he showed no emotion as the facts of the case were read out.  He didn’t flinch as his lies were once again catalogued for judge, Mr Justice Barry White. 

When the victim impact statement written by his sister-in-law was read to the court he sat impassively.  Susanna Coonan said that the “good humoured, roguish, fun and compassionate” sister she had known had been “entirely deleted” from her mind and replaced by the image of her sister’s shaven head and the scared woman “slipping in blood and frost and fighting for her life on the patio of the house of her dreams.”

She said that one of the hardest things was the realisation that she would probably never know the truth about Celine’s final moments.  “Was she in pain? was she conscious?  Did she think about [her daughter]? Did she know she was dying?”  She said that she had been with both her mother and sister when they had died from cancer and due to the care of the nursing staff their deaths were a “triumph over illness”.  “For Celine and those of us who mourn her deeply, we were utterly deprived of any dignity, spirituality or peace”. 

Ms Coonan said that Celine’s daughter and her 80-year-old father deserved to know the truth about her death.  She said Lillis’s remorse was hard to credit.  He had 13 months to “at least apologise to {his daughter} and my father.  No such apology was forthcoming.”

In the first positive picture of Celine Cawley in her husband’s trial her sister described the devoted aunt and godmother, the “big kid” who got as much of a kick out of the remote control tractors and fluffy puppies as the children did.  She spoke of the “stamp” Celine left on people’s lives.  That on the second day of the trial her old maths teacher had been in court and never a day had gone by without old school friends and devoted colleagues attending proceedings.

Even prosecuting counsel Mary Ellen Ring seemed to have a catch in her throat as she read Ms Coonan’s closing words. “Our lives are enriched from knowing you”, then a quote from the Take That song “Rule the World”  “All the stars are coming out tonight.  They’re lighting up the sky tonight for you.”

Lillis was supported, as he had been throughout the trial by two old college friends.  Gerry Kennedy told Mr Justice White that he would consider Eamonn Lillis one of his closest friends.  He said he was a “gentle man, kind, considerate and a very, very good listener.” He said Lillis was “almost the last person in the world” he would have expected to be involved in such awful events.

Siobhan Cassidy had also gone to college with the convicted man.  She told the judge she knew him as someone who had a great interest in English literature, the human spirit, film and poetry.  She said he was mild mannered and courteous and she had never known him to be confrontational.  “Quite the opposite.”  She told the court this had been her opinion for the past 34 years and still was.

Speaking on behalf of his client, defence counsel Brendan Grehan told the court Lillis had loved his wife and would do so for the rest of his life.  He still spoke of her in the present tense.  He said Lillis was extremely sorry for the extreme hurt caused in particular for the lies told to the Cawley family.  Mr Grehan said Lillis was keen to point out that his wife had been neither a bully nor a tyrant and was a loving wife and mother and a strong business woman.

Mr Justice White will consider the victim impact statements from both Ms Coonan and Mr Lillis’s daughter as well as the evidence of the case and submissions from both sides before he delivers his verdict in the morning.