Jury return manslaughter verdict following over 8 hours of deliberation
Eoghan Dalton
A man has been found not guilty of murdering his father at their home in Co Waterford. After eight-and-a-half hours of deliberation, the jury of eight women and four men accepted Stephen Butler's defence that while he had "repeatedly punched" John Butler (48) he did not mean to cause him harm when they got into a row after a visit to their local pub on January 11, 2020.
Stephen Butler (23) had pleaded guilty to the lesser charge of manslaughter and the jury returned this verdict.
The father and son, who had been drinking as part of a darts gathering at the Clodagh Bar across the road from their home in the village of Portlaw, prior to their violent encounter, had been "taking sly digs" at each other according to other pub goers and wound up in a row at the house's entrance, where John Butler pushed Stephen Butler outside and attempted to close the door on him.
The Central Criminal Court trial sitting in Waterford, which lasted for eight days, heard that the resulting death of John Butler was an "enormous tragedy" for the family.
On the night in question, John Butler tried to keep his son outside the house after the pub but the two exchanged punches, with the younger man dealing several to his father as the door opened.
The older man was found inside the hallway of his house at 44 Brown St, Portlaw, with attempts to resuscitate him by onlookers unsuccessful.
The court heard that there was a “fraught, complicated and difficult” relationship between the two, with references made to claims of domestic violence by Stephen Butler between his now separated parents in his interviews with gardaí.
The younger Butler had been living between the Portlaw home and his mother’s at Sheilbaggin, Ramsgrange, New Ross, Co Wexford, at the time of the altercation.
Making the case for finding the younger Butler guilty of murder to the jury on Thursday, State prosecutor Michael Delaney SC said he had "repeatedly punched his father", striking him in both sides of the head. These were "not soft blows", he added, causing fractures to his father's soft ear and nasal bones before he was pronounced dead by medical personnel.
"He said he didn't mean to hurt him but there is no evidence that any of these blows were accidental," Mr Delaney said.
He added that ten minutes had elapsed while Stephen Butler was outside the house, saying it gave "ample opportunity for him to calm himself down and to walk away" from the house.
Defence barrister Colman Cody said Stephen Butler had been provoked by his father, who had locked him outside their home on a "wet and miserable winter's night" and told him during their row: "You're no son of mine."
He said the accused's prevailing attitude was one of "sorrow" throughout several hours of interviews with investigating gardaí, and added that no weapon was used during the attack.
Charging the jury, Justice Paul Burns said they must decide whether there was "an intent to either kill or cause serious injury" on Stephen Butler's part, and that any attack does not have to be premeditated to qualify as murder.
The jury had enquired as to the definition of “serious injuries” but Justice Burns told them that there was no legal definition, so he told them to apply “normal and ordinary meaning” to the words rather than a medical meaning.
Following a lengthy deliberation without success, the judge told them he would accept a majority verdict, with ten jurors finding in favour of the manslaughter verdict.
Justice Burns directed the preparation of a probation service report and governor's report ahead of the sentencing, which is due to take place in Dublin on December 13.
