Laois man withdraws appeal to overturn manslaughter conviction
Dean Kerrie from Porrarlington
A YOUNG man who stabbed and killed an intruder who had attacked him in his home in the middle of the night has withdrawn a bid to overturn his conviction for manslaughter.
Dean Kerrie (23) with an address at St Brigid's Square, Portarlington was twice tried for murder but convicted by a jury of manslaughter for killing Jack Power after the deceased had entered his home at Shanakiel, Dunmore East, Co Waterford in the early hours of 26 July 2018.
The trial heard that Jack Power had been drinking into the early hours and at about 3am saw damage to his car which he believed had been caused by Dean Kerrie. He went to Mr Kerrie's home, picked up a rock and smashed the front window of the house. He then entered through the front door.
Mr Kerrie's first trial ended when the jury could not agree on a verdict. In that trial Mr Kerrie took the stand, telling the jury that Mr Power had lost his footing and fell onto a knife that Mr Kerrie had picked up while the deceased was attacking his mother.
He did not give evidence at his second trial, but the jury heard that after he was arrested, Mr Kerrie told a garda sergeant: "He should not have come into my house. I was asleep. I heard a smash and the front window breaking. Jack was in the hall and grabbed my mother. He started punching and swinging kicks. I grabbed a knife that was next to bed. Stabbed him with it."
However, the deceased's best friend gave evidence that he saw Mr Kerrie coming from the kitchen with a knife in his hand as Mr Power was walking out of the house. He said the deceased was nearly at the front door of the home when he was stabbed by Mr Kerrie.
In passing sentence, Mr Justice Paul McDermott said he did not believe the court had heard the truth about the "provenance of the knife and how it was found".
He imposed a sentence of four years and six months with the final year suspended on Mr Kerrie, who had pleaded not guilty to murdering 25-year-old Mr Power.
Mr Kerrie had lodged an appeal against his manslaughter conviction, but at the Court of Appeal last Thursday, his legal team said he wished to withdraw his case.
